Yuba City City Council
September 6, 2022

If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City offices at (530) 822-4817 at least 72 hours in advance so such aids or services can be arranged. City Hall TTY: 530-822-4732 AGENDA
SEPTEMBER 6, 2022

REGULAR MEETING

CITY COUNCIL

CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Dave Shaw
VICE MAYOR ● Wade Kirchner
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Grace Espindola
COUNCILMEMBER ● Shon Harris
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible


AGENDA

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
SEPTEMBER 6, 2022
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://us06web.zoom.us/webinar/register/WN_cazZ_UhsRTaJRkmgDooZPA. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

Public Comment:

Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.

Regular Meeting
Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Kirchner
__ Councilmember Boomgaarden
__ Councilmember Espindola
__ Councilmember Harris
Invocation/Inspiration
Pledge of Allegiance to the Flag
Agenda Modifications/Approval of Agenda
Ceremonial Presentations

1. Hunger Awareness and Action Month Proclamation

Public Communication

2. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker.

Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.

3. Minutes from the August 9, 11, Special Meetings and the August 16 Regular Meeting
Recommendation: Approve the minutes of August 9, 11 and 16, 2022

4. Presentation of Investment Report for Quarter Ended June 30, 2022 Recommendation: Note and File Quarterly Investment Report

5. Electrical Stand-by Bargaining Unit Side Letters
Recommendation: A. Adopt a Resolution approving Side Letters with the First Level Managers and Public Employees’ Union, Local
1/AFSCME 57 bargaining units which establish the terms and requirements for the Electrical Division employees to serve and be paid for Electrical stand-by shifts
B. Authorize the Finance Director to make budget adjustments as necessary

6. Wastewater Treatment Facility Lift Station No. 2 Rehabilitation Equipment Purchase
Recommendation: Adopt a Resolution awarding the purchase of three (3) Flygtbrand hard iron impeller pumps and associated parts to Shape, Incorporated of Pleasanton, CA in the amount of $256,000 for the Lift Station No. 2 Rehabilitation Project, with the finding that it is in the best interest of the City
Business Items

7. Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit C_10 (Henson Ranch – Phase 1)
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering annexation of the parcel associated with the Henson Ranch – Phase 1
Development, APN 62-082-018 into the existing Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit C_10 and establishing a levy of assessments for the

annexed territory

8. Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_15 (769 Garden Highway)
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering annexation of the parcel associated with the 769 Garden Highway
Development, APN 53-400-080 into the existing Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_15 and establishing a levy of assessments for the annexed territory

9. Revised Lateral Police Officer and Lateral Dispatcher Recruiting Incentive Program
Recommendation: Adopt a Resolution authorizing a revised Lateral Officer and Lateral Dispatcher Recruiting Incentive Program

10. Purchase of Lenco BearCat Armored Vehicle
Recommendation: A. Adopt a Resolution authorizing the purchase of one (1) Lenco Bearcat from Lenco Instustires Inc. of Pittsfield, MA, in the amount of $326,584.63, with the finding that it is in the best interest of the City
B. Authorize the Finance Director to utilize Fiscal Year 22/23 Budget-approved one-time use funds from account 6610-69401 for the purchase of one (1) Lenco Bearcat in the amount of $155,000. Authorize the Finance Director to utilize COPS grant funds from account 2180-69401 in the amount of $171.848.63 for the remaining balance of the purchase price

11. Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California, Inc.

Recommendation: A. Adopt a Resolution which authorizes the City Manager to execute a Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California Inc B. Adopt a Resolution approving the name of the proposed bocce ball courts, "Montna Bocce Ball Courts" per the Parks & Facilities Naming Policy for 20 years

12. Rezone 22-01 to remove the X8 District Overlay located East of the Intersection of Sutter and Market Street
Recommendation: A. Conduct a Public Hearing; then
B. Adopt a Resolution of the City Council to approve
Environmental Assessment 22-02 by adopting an Initial Study and Negative Declaration prepared for Rezone 22-01, located east of the intersection of Sutter and Market Street; and C. Introduce an Ordinance of the City Council rezoning
Accessor’s Parcel Numbers 51-550-029, -030, -040, -041, -042- and -043, located east of the intersection of Sutter and Market

Street to remove the X8 District Overlay, and waive the first reading
Future Agenda Items

13. Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda

14. City Manager's Report

15. City Council Reports
- Councilmember Boomgaarden
- Councilmember Harris
- Councilmember Espindola
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment

Proclamation
of the City Council
Hunger Awareness and Action Month
September 2022
WHEREAS, the month of September has been designated as “Hunger Awareness and Action Month, in order to provide a unified opportunity for communities in Yuba City to focus attention on the persistent problem of food insecurity, and to mobilize to create a movement to help end hunger in our city; and
WHEREAS, according to a study published by Feeding America, in 2019, 13,170 residents of Sutter County did not always know where they would find their next meal and 4, 930 of them were children; and
WHEREAS, many households in Yuba City experience hunger, and some people in these households frequently skip meals or eat too little, sometimes going without food a for an entire day; and
WHEREAS, research shows that preschool and school-age children who experience severe hunger have higher levels of chronic illness, anxiety and depression, and behavioral problems than children receiving a well-balanced diet; and
WHEREAS, food insecure seniors have lower nutrient intakes than food secure seniors, and with out proper nutrients, seniors are at increased risk of disability, deteriorated health conditions, decreased resistance to infections, lengthened hospital stays, deteriorated mental health, and being underweight; and
WHEREAS, utilization of emergency food assistance becomes a way for these individuals and families to keep food on the table while still paying the bills; and WHEREAS, in 2021 Yuba-Sutter Food Bank and its partners served on average each month, 6,000 low-income Yuba City individuals and those facing a food emergency, distribution more than 1 million pounds of food to these households in need.

NOW, THEREFORE BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City, and on behalf of the entire City Council, do hereby proclaim September is Hunger Awareness and Action Month and encourage the community to pledge to take action against hunger in our community, whether it be by fund, food donation, volunteering or advocacy.

Done the 6th day of September, 2022, City of Yuba City, Sutter County and the State of California.

CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.

Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.

When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.

Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Procedure
When requesting to comment, please indicate your name and the topic and mail to:

City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:

Jackie Sillman, City Clerk
[email protected]

Agenda Item 3

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the August 9, 11, Special Meetings and the August 16 Regular Meeting
Recommendation: Approve the minutes of August 9, 11 and 16, 2022 Fiscal Impact: None
Attachments:

1. 08-09-22 - Special Meeting Minutes Pension Policy (DRAFT)

2. 08-11-22 - Special Meeting Minutes Strategic Planning (DRAFT)

3. 08-16-22 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Admininstrator
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

CITY COUNCIL

CITY OF YUBA CITY
AUGUST 9, 2022
5:30 P.M. – SPECIAL MEETING – PENSION POLICY
Special Meeting – Pension Policy Presentation
The location of this meeting was moved to the Sutter Room at 1201 Civic Center Blvd due to the Council Chambers were occupied due to the Board of Supervisors meeting was still in session. Signage was provided on the outside of the Council Chambers redirecting the meeting location in the Sutter Room.

Call to Order
Mayor Shaw called the Special Meeting of the City Council to order at 5:30 PM Roll Call

Present: Mayor Shaw and Councilmembers Boomgaarden, Espindola, and Harris

Absent: Vice-Mayor Kirchner
Pledge of Allegiance
General Items

1. Pension Policy Presentation
CalMuni Advisors, Managing Director Andrew Flynn presented to Council.

No public comment
Adjournment
The Special Meeting was adjourned by Mayor Shaw at 7:23 PM ____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 2

MINUTES (DRAFT)

CITY COUNCIL

CITY OF YUBA CITY
AUGUST 11, 2022
5:30 P.M. – STRATEGIC PLANNING WORKSHOP

HARVEST ROOM, YUBA CITY, CA
Special Meeting
Call to Order
Mayor Shaw called the Special Meeting of the City Council to order at 8:07 AM Roll Call

Present: Mayor Shaw and Councilmembers Boomgaarden, Espindola, Harris and Kirchner

Absent: None
Pledge of Allegiance led by Natalie Springer, Human Resources Director General Items

1. Strategic Planning Workshop – Facilitated by Juan Lopez, Amistad and Associates o Council Roles
o Council Districting
o Succession Planning
o Fireworks
o Mobile Vendors
o Boats/RV’s/Metal Carports
Meeting was facilitated by Juan Lopez, Amistad and Associates No Public Comment
Adjournment
The Special Meeting was adjourned by Mayor Shaw at 12:08 PM ____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

ATTACHMENT 3

MINUTES (DRAFT)
REGULAR MEETING CITY COUNCIL – CITY OF YUBA CITY AND

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
AUGUST 16, 2022
5:00 P.M. CLOSED SESSION: SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING: COUNCIL CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Shaw at 5:04 PM Roll Call

Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Boomgaarden, Espindola, and Harris

Absent: None
Closed Session
A. Conference with real property negotiator (Govt. Code § 54956.8) Properties:

APN: 51-62-026, 1.58 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991

APN: 51-660-084, 0.19 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991 APN: 57-150-001, 0.47 acres located at 217 S Walton Avenue, Yuba City, CA 95991 APN: 57-150-050, 1.0 acres located at 211 S Walton Avenue, Yuba City, CA 95991 APN: 57-220-065, 0.11 acres generally located on S Walton Avenue between 211 and 217 S Walton Avenue, Yuba City CA 95991
Negotiator: Diana Langley, City Manager
Negotiating parties: Habitat for Humanity
Under negotiation: Price and terms of payment
Mayor Shaw recused himself from items related to Providence Court No public comment received
Regular Meeting
The Regular Meeting and the Successor Agency to the Redevelopment Agency Meeting was called to order by Mayor Shaw at 6:00 PM
Roll Call

Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Boomgaarden, Espindola,

and Harris

Absent: None
Invocation/Inspiration
Ken Cunningham, Elder at Cornerstone Church Yuba City
Pledge of Allegiance to the Flag
Gus Becerra, Regional Housing Authority
City Attorney's Report on Closed Session Items
The City Attorney reported that litigation previously approved by City Council on October 5, 2021 (Napa County Flood Control and Water Conservation District and the City of Yuba City vs.

The Department of Water Resources) has formally commenced (Case No: 34-2022-00323389).

Agenda Modifications/Approval of Agenda
In order to accommodate the Public Hearing, Item #8 (Consideration of Inclusion of Delinquent Charges and Penalties for Water and Wastewater Services on Secured Tax Roll) was moved from Consent to the first Business Item.

Ceremonial Presentations

1. Cindy Rosser Cowgirl Hall of Fame Proclamation
Mayor Shaw presented a proclamation to Cindy Rosser

2. The Chinese Garden Proclamation
Mayor Shaw presented a proclamation to Peter and Anna Yip

3. Farmers Market Proclamation
Mayor Show presented a proclamation to Desiree Silva
Public Communication

4. Appearance of Interested Citizens
Heather Esemann spoke
Consent Calendar
Vice-Mayor Kirchner moved and Councilmember Espindola seconded the motion to:

5. Minutes of the July 19, 2022 meeting
Approve the July 19, 2022 minutes

6. Approve Regional Appointments to the Feather River Air Quality Management

District (FRAQMD) Board of Directors for 2022
Approve the Appointment of Councilman Stuart Gilchrist to serve as the City of Marysville Representative on the FRAQMD Board of Directors

7. Creation of City Clean-Up Fund
Adopt Resolution 22-119 authorizing the Finance Director to create a Capital Improvement Program Account for City Clean-Up and approve a supplemental appropriation of $50,000 from unallocated General Fund to the City Clean-Up account [Item 8 was moved to Business]

8. Consideration of Inclusion of Delinquent Charges and Penalties for Water and Wastewater Services on Secured Tax Roll
A. Conduct a Public Hearing, and after consideration;
B. Adopt a Resolution for the inclusion of delinquent charges and penalties for water and wastewater services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties

9. 200-Year Urban Level of Flood Protection Finding
Adopt Resolution 22-121 acting as the land-use agency for the City of Yuba City accepting evidence in support of a Finding of 200-year flood protection

10. Heng's Cafe - Department of Alcoholic Beverage Control Application Adopt Resolution 22-122 making a finding of public convenience or necessity for the issuance of a Type 41 restaurant (beer and wine) Alcoholic Beverage Control (ABC) License at 1270 Stabler Ln. Suite 320 (Heng’s Café)

11. Homes2Families - Agreement Update
Adopt Resolution 22-123 to approve the updated Homes2Families Agreement with Regional Housing Authority (RHA)

12. Henson Ranch Estates – Phase 1 (Annexation #3 of property in CFD 2021-1) Adopt Resolution 22-124 annexing a certain area, Henson Ranch Estates – Phase 1, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the Third Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter

13. Signatory Authority - Restricted Grant Agreement: Plumas Street Historic District and Water Tower Improvements
Adopt Resolution 22-125 authorizing the City Manager to execute Restricted Grant Agreements, Amendments, and Related Documents with the State of California Department of Transportation for the City of Yuba City Plumas Street Historic and Water Tower Park Improvements Project

14. Wastewater Treatment Facility Temporary Discharge Point 003 (Plans & Specifications)
Adopt Resolution 22-126 approving the plans and specifications for the Wastewater Treatment Facility Temporary Discharge Point 003 Project (22-12) and authorizing advertisement for bids on the project

15. Extension of time for Development Plan 20-03, Richland Village Affordable Housing Development, and the associated funding commitment Approve a two-year extension of time for Development Plan 20-03 and the associated funding commitment, pursuant to City Municipal Code Section 8-5.7106, resulting in a new expiration date of January 19, 2025
The motion was passed with a unanimous vote
Business Items

8. Consideration of Inclusion of Delinquent Charges and Penalties for Water and Wastewater Services on Secured Tax Roll
Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Councilmember Espindola moved and Vice-Mayor Kirchner seconded the motion to:

Adopt Resolution 22-120 for the inclusion of delinquent charges and penalties for water and wastewater services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties The motion was passed with a unanimous vote

16. Consideration to approve Development Plan 22-01: Yuba City Self-Storage Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Councilmember Espindola moved and Councilmember Harris seconded the motion to:

Adopt Resolution 22-127 to approve Environmental Assessment 22-03 by adopting a Mitigated Negative Declaration, subject to the Conditions of Approval and Mitigation Measures, and approve Development Plan 22-01, Yuba City Self-Storage, on 9.52 acres, located along the south side of Colusa Highway Frontage Road approximately 720 feet west of the intersection of Colusa Frontage Road and George Washington Boulevard (Assessor’s Parcel Number 63-020-140)
The motion was passed with a unanimous vote

17. Yuba City Residential Street Light Maintenance Districts (Walton Area and Tierra Buena Area) Levying Assessments
Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Councilmember Boomgaarden moved and Vice-Mayor Kirchner seconded the motion to:

Adopt Resolution 22-128 confirming and ordering the annual levy of assessments for Fiscal Year 2022-23 within Yuba City Residential Street Light Maintenance District No. 1 (Tierra Buena) and Residential Street Light Maintenance District No. 1 (Walton Area) The motion was passed with a unanimous vote

18. Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Levying Assessments
Councilmember Boomgaarden recused himself
Mayor Shaw opened a Public Hearing
No public comment
Mayor Shaw closed the Public Hearing
Councilmember Vice-Mayor Kirchner moved and Councilmember Espindola seconded the motion to:

Adopt Resolution 22-129 confirming and ordering the annual levy of assessments for Fiscal Year 2022-23, pursuant to the Landscaping and Lighting Act of 1972 The motion was passed with 4 votes; 1 recusal (Boomgaarden)

19. Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, & 5 (Town Center and 69 subdivisions throughout Yuba City), and Yuba City Lighting and Landscape Maintenance District No. 5 (Commercial District) Levying Assessments
Mayor Shaw and Councilmember Harris recused themselves
Mayor Shaw opened a Public Hearing
Heather Esemann spoke
Mayor Shaw closed the Public Hearing
Councilmember Espindola moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 22-130 confirming and ordering the annual levy of assessments for Fiscal Year 2022-23 for the Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, & 6 (Town Center, 69 subdivisions throughout Yuba City including the Palisades Subdivisions and Butte Vista neighborhood, and commercial district) The motion was passed with 3 votes; 2 recusals (Shaw & Harris)

Successor Agency to the Redevelopment Agency:

20. Declaration of Surplus Land – Successor Agency to the Yuba City Redevelopment Agency Properties
Heather Esemann spoke
Councilmember Harris moved and Vice-Mayor Kirchner seconded the motion to:

Adopt Resolution SA22-001 declaring certain Successor Agency-owned properties to be surplus land and directing the City Manager to follow the procedures set forth in the Surplus Land Act for the sale of such properties
The motion was passed with 5 votes
Future Agenda Items

21. Future Agenda Items
No suggestions
Reports and Communications

22. City Manager's Report

23. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting and the Successor Agency to the Redevelopment Agency at 7:49 PM
____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 4

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Presentation of Investment Report for Quarter Ended June 30, 2022 Recommendation: Note and File Quarterly Investment Report Fiscal Impact: Informational item only
Purpose:

To provide information regarding the investment of City funds.

Council's Strategic Goal:

This staff report addresses the City Council’s Strategic Goal of fiscal responsibility.

Background:

In accordance with the City’s adopted Investment Policies, staff has prepared the attached investment report for City Council review for the previous quarter (April, May, and June 2022).

Analysis:

Portfolio Highlights:
 As of June 30, 2022, the City's overall investment portfolio (estimated market value) totaled $150,937,026, an increase of $13,332,229 from the previous quarter.  Notable transactions during the quarter that affected cash flow included:
o Franchise fee, transfer tax, and TOT receipts, $0.6 million; o SBFCA project reimbursement/bond proceeds, $2.4 million. o Sales tax receipts, $2.6 million;
o Debt Service (various issues), $3.1 million;
o Property tax receipts, $9.1 million;
 The portfolio shows a “paper loss” of $2,966,495 as of June 30th. This represents the amount of value that the City would lose if it were to liquidate its entire portfolio at the end of the reporting period. However, such losses will not be realized if the investments are held until maturity

(which is the City’s general investment strategy).
 The City’s portfolio is beginning to replace lower yield instruments with higher yields with each maturing bond in this weak fixed income market, however, the overall portfolio yield dropped slightly compared to past quarters due to a higher cash position. The portfolio remains positioned for caution by keeping the maturity dates of our purchases to a more neutral position, currently 0.95 weighted average years to maturity, while remaining watchful for signs of an economic shift. For the quarter ended 6/30/22, eight investments matured or sold with an average yield of 2.2%. The funds were re-invested in 14 instruments with an average yield of

3.2%. The Weighted Average Yield to Maturity of the City’s total investment portfolio decreased from 0.73% to 0.70% for the quarter.
 The City’s cash flow needs will be met by roughly $92.6 million in liquid assets as of June 30th (approximately 62.76% of the City Held Investments portfolio value) that is currently invested in LAIF, CAMP, Dreyfus money management funds, and in the City’s Wells Fargo checking account.

Outlook: The U.S. economy continues to be stressed with high inflation, supply-chain issues, and global uncertainty. Falling commodity prices have helped the CPI go down and we are watching to see if gasoline prices have peaked, in which case CPI most likely has also. The key inflation categories— shelter, education, and healthcare—are still rising which will usually keep inflation high.

Summary Overview: The City’s investment portfolio continues to remain safe and stable. Each investment continues to be in compliance with state law and the City’s formal Investment Policies. Our three primary objectives for the City’s portfolio are safety, liquidity, and then yield. With this in mind, staff continues to conservatively look for opportunities in today’s marketplace while remaining focused on our primary objectives.

Fiscal Impact:

Informational item only.

Recommendation:

Note and file the Quarterly Investment Report for the period ending June 30, 2022.

Attachments:

1. June 30, 2022 Quarterly Investment Report
Prepared By: Submitted By:

Spencer Morrison
City Treasurer
Spencer Morrison
City Treasurer

ATTACHMENT 1

City of Yuba City
Treasurer’s Quarterly
Investment Report
AS PRESCRIBED BY CALIFORNIA GOVERNMENT CODE SECTION 53646 June 30, 2022

City of Yuba City – Month-By-Month Comparison Report
June 30, 2022
The following table provides a comparison of the portfolio for the quarter ended June, and the previous quarters ended March, December, and September, 2021.

Portfolio Comparison
9/30/2021 12/31/2021 3/31/2022 6/30/2022
Cost Basis $127,635,408 $125,035,475 $140,049,239 $153,903,521Estimated Market Value 128,024,360 124,732,870 137,604,797 150,937,026 Unrealized Gains/(Losses) (1) 388,952 (302,605) (2,444,441) (2,966,495) Liquidity 54.35% 53.85% 58.65% 62.76% Weighted Average Years: Maturity of City Held Funds 1.12 years 0.96 years 1.11 years 0.95 years LAIF Interest Rate 0.330% 0.230% 0.320% 0.750% CAMP Interest Rate 0.050% 0.050% 0.379% 1.140% Portfolio: Weighted Average Yield to Maturity at Market 0.81% 0.74% 0.73% 0.70% CPI (Annualized) 5.4% 7.0% 8.5% 9.1% Note: (1) This represents the amount of money that the City would gain (or lose) if it were to liquidate its entire portfolio at the end of the reporting period. However, such gains (or losses) will not be realized if the investments are held until maturity (which is the City’s historical investment strategy).

City of Yuba City – Quarterly Investment Report
June 30, 2022
Federal Home Ln Mtg
0%
Federal Home Loan Bank
2% Federal Natl Mtg Assn
3%
Federal Farm Credit Bank
3%
US Treasury Notes
15%
City Held Assessment
Districts/Munis
2%
Corporate Bonds & Asset‐
Backed Sec.
10%
California Asset Mgmt Program
0%
Local Agency Investment
Fund
47%
Certificates of Deposit
1%
Cash/Money Market
16%
Supranationals
1%
Composition of City Held Investments

City of Yuba City – Quarterly Investment Report
June 30, 2022
$‐
$10.00 $20.00 $30.00 $40.00 $50.00 $60.00 $70.00 $80.00 $90.00 $100.00
In Millions
City Held Investment Portfolio Maturity Distribution
Cash Equiv 0‐6 Months 6‐12 Months 1‐3 Years 3+ Years

62.7%

24.2%

3.8%

6.3%

3.0%

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) U.S. Consumer Price Index (Inflation) 06/30/22 9.100%
1 Local Agency Investment Fund (LAIF) N/A Daily 0.750% 0.750% 69,499,4 $ 20 $ ( 68,604,644 $ 894,776)2 Calif. Asset Management Program (CAMP) N/A Daily 1.140% 1.140% 335,6 $ 83 $ - 335,6833 Wells Fargo Money Market & Checking Accts. N/A Daily (Sweep) 0.010% 0.010% 22,777,083 $ $ - 22,777,0834 Blackrock Govt Cash Management Fund 26200630S Daily 2.140% 2.140% 90 $ 6,321 $ - 906,3215 Bank of Feather River CD 1377001211-PF 09/17/22 2.000% 2.000% 1,044, $ 326 $ - 1,044,3266 US Treasury Notes 912828TJ9 08/15/22 1.625% 2.820% 645,284 $ $ 29,864 675,1497 Nordea Bank ABP NY BRH YC/D 65558TLL7 08/26/22 1.850% 1.870% 275,000 $ $ 3 275,0038 Skandinav Enski YC/D 83050PDR7 08/26/22 1.860% 1.881% 275,000 $ $ 25 275,0259 Federal Nat'l Mortgage Assn (Fannie Mae) 3135G0T78 10/05/22 2.000% 1.805% 986,017 $ $ (6 979,539 ,478) 10 US Treasury Notes 91282CAX9 11/30/22 0.125% 0.990% 546,584 $ $ (1 544,951 ,633)11 DNB Bank ASA/NY LT CD 23341VZT1 12/02/22 2.040% 2.030% 275,000 $ $ 274,728 (272)12 US Treasury Notes 912828N30 12/31/22 2.125% 2.510% 394,234 $ $ 4,922 399,15613 Federal Farm Credit Bank 3133EKKT2 02/08/23 2.250% 1.842% 1,017,480 $ $ ( 998,610 18,870)14 Federal Home Loan Bank Bonds 313382AX1 03/10/23 2.125% 1.795% 1,011, $ 776 $ ( 996,790 14,986)15 American Honda Finance 02665WDH1 05/10/23 1.950% 1.770% 502,780 $ $ (8 494,765 ,015)16 US Treasury Notes 912828R69 05/31/23 1.625% 2.310% 681,078 $ $ 5,916 686,99517 US Treasury Notes 912828R69 05/31/23 1.625% 2.340% 534,918 $ $ 7,673 542,59118 US Treasury Notes 912828R69 05/31/23 1.625% 1.870% 842,164 $ $ 4,290 846,45419 Federal Home Loan Bank Bonds 3133834G3 06/09/23 2.125% 1.796% 1,012, $ 500 $ ( 991,690 20,810)20 FHMS KP05 A 3137FKK39 07/01/23 3.203% 3.203% 3,519 $ 3,449 $ (71)21 US Treasury Notes 91282CCN9 07/31/23 0.125% 1.009% 671,077 $ $ ( 659,600 11,477)22 Federal Home Ln Mtg 3137EAEW5 09/08/23 0.250% 0.234% 600,222 $ $ ( 581,382 18,840)23 CARMAX Auto Owner Tr. 14315EAC4 09/15/23 3.360% 3.360% 641 $ 642 $ 124 US Treasury Notes 912828T26 09/30/23 1.375% 1.742% 640,227 $ $ (2 637,384 ,843)25 Federal Farm Credit Bank 3133EMCQ3 10/13/23 0.280% 0.314% 999,000 $ $ ( 966,750 32,250)26 US Treasury Notes 912828T91 10/31/23 1.625% 1.433% 1,158,715 $ $ ( 1,130,105 28,610)27 Federal Farm Credit Bank 3133EHN25 11/01/23 2.200% 1.842% 1,014,870 $ $ ( 990,990 23,880)28 US Treasury Notes 9128285P1 11/30/23 2.875% 0.615% 1,044,925 $ $ ( 998,710 46,215)29 Bank Amer Corp BDS 06051GHC6 12/20/23 3.004% 0.608% 525,775 $ $ ( 498,360 27,415)30 US Treasury Notes 91282CBE0 01/15/24 1.250% 0.443% 695,026 $ $ ( 670,061 24,965)31 US Bancorp MTNS Bank Notes 91159HHV5 02/05/24 3.375% 2.075% 1,049,04 $ 0 $ ( 997,720 51,320)32 US Bancorp MTNS Bank Notes 91159HHV5 02/05/24 3.375% 3.190% 453,848 $ $ (4 448,974 ,874)33 Federal National Mortgage Assn Notes (Fannie Mae) 3135G0V34 02/05/24 2.500% 2.600% 1,393,700 $ $ (3 1,390,074 ,626)34 JP Morgan Chase & Co 46647PBZ8 03/16/24 0.697% 0.479% 602,058 $ $ ( 586,884 15,174)35 Schwab Charles Corp 808513BN4 03/18/24 0.000% 0.770% 84,958 $ 81,524 $ (3,434)36 Federal Farm Credit Bank 3133EMBE1 03/28/24 0.300% 0.322% 1,099,175 $ $ ( 1,050,335 48,840) June, 2022

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) June, 2022
37 US Treasury Notes 912828W71 03/31/24 2.125% 1.673% 662,444 $ $ ( 640,426 22,018)38 Federal Home Loan Bank 3130AMQQ8 04/23/24 0.350% 0.350% 1,500,000 $ $ ( 1,435,560 64,440)39 US Treasury Notes 912828X70 04/30/24 2.000% 1.591% 509,004 $ $ ( 491,270 17,734)40 International Business 459200JY8 05/15/24 3.000% 0.538% 540,180 $ $ ( 466,262 73,918)41 International Business 459200JY8 05/15/24 3.000% 0.715% 535,390 $ $ (9 525,728 ,662)42 Caterpillar Mtn 14913R2L0 05/17/24 0.450% 0.497% 998,750 $ $ ( 947,310 51,440)43 American Honda Finance Corp Med Term Notes 02665WCZ2 06/27/24 2.400% 2.430% 249,603 $ $ (5 244,200 ,403)44 US Treasury Notes 912828XX3 06/30/24 2.000% 1.653% 761,191 $ $ ( 728,581 32,610)45 US Treasury Notes 912828XX3 06/30/24 2.000% 1.419% 1,127,113 $ $ ( 1,077,793 49,321)46 US Treasury Notes 912828XX3 06/30/24 2.000% 0.672% 422,578 $ $ ( 404,475 18,104)47 US Treasury Notes 912828XX3 06/30/24 2.000% 1.566% 815,500 $ $ ( 781,598 33,902)48 US Treasury Notes 91282CCL3 07/15/24 0.375% 0.409% 649,367 $ $ ( 616,538 32,829)49 US Treasury Notes 91282CCT6 08/15/24 0.375% 0.410% 1,198,922 $ $ ( 1,135,176 63,746)50 Walt Disney Co Corporate Bonds 254687FK7 08/30/24 1.750% 1.836% 273, $ 878 $ (8 265,018 ,861)51 Darrough Drive AD 09/02/24 6.000% 6.000% 34,696 $ 34,696 $ -52 Deere John Mtn 24422EVU0 09/10/24 0.625% 0.650% 89,942 $ 84,648 $ (5,294)53 Caterpillar Finl Mtn 14913R2P1 09/13/24 0.600% 0.650% 224,694 $ $ ( 211,700 12,994)54 Toyota Motor Credit Corp 89236TJN6 09/13/24 0.625% 2.770% 522,550 $ $ (5 516,725 ,825)55 Inter Amer Bk Mtn 4581X0DZ8 09/23/24 0.500% 0.520% 584,567 $ $ ( 552,837 31,730)56 US Treasury Notes 912828YH7 09/30/24 1.500% 0.474% 154,764 $ $ (9 145,101 ,663)57 Federal Farm Credit Bank 3133EMCN0 10/15/24 0.400% 0.432% 948,813 $ $ ( 893,342 55,471)58 MBART 2021-B A3 58769KAD6 11/15/24 0.400% 0.400% 129,990 $ $ (4 125,849 ,141)59 Toyota Auto Recv TR 2019-C A-4 89238UAE0 11/15/24 1.880% 0.920% 358, $ 941 $ ( 345,898 13,043)60 California St Dept Wtr Res Cent 13067WPG1 12/01/24 2.751% 1.486% 179 $ ,348 $ ( 167,438 11,910)61 US Treasury Notes 912828YY0 12/31/24 1.750% 0.326% 1,224,795 $ $ ( 1,123,056 101,739)62 US Treasury Notes 912828YY0 12/31/24 1.750% 0.180% 961,945 $ $ ( 882,041 79,905)63 US Treasury Notes 912828YY0 12/31/24 1.750% 0.270% 1,092,426 $ $ ( 1,001,685 90,740)64 US Treasury Notes 912828YY0 12/31/24 1.750% 0.280% 955,793 $ $ ( 876,399 79,394)65 US Treasury Notes 912828YY0 12/31/24 1.750% 0.290% 424,031 $ $ ( 388,809 35,222)66 US Treasury Notes 912828YY0 12/31/24 1.750% 2.940% 387,875 $ $ ( 355,653 32,222)67 BMWLT 2021-2 A4 09690AAD5 01/27/25 0.430% 0.431% 369,986 $ $ ( 351,248 18,738)68 US Treasury Notes 91282CDZ1 02/15/25 1.500% 2.840% 337,928 $ $ (1 336,382 ,546)69 American Express Co Corp Note 025816CQ0 03/04/25 2.250% 2.290% 79,91 $ 76,854 9 $ (3,066)70 John Deere Med Term Notes 24422EWB1 03/07/25 2.125% 3.030% 975,850 $ $ ( 965,570 10,280)71 Roche Holdings Inc. (Callable) Corporate 771196BT8 03/10/25 2.130% 2.130% 365,000 $ $ ( 352,148 12,852)72 Home Depot Inc Corporate Notes 437076CM2 04/15/25 2.700% 2.760% 24,9 $ 24,529 56 $ (427)73 Bank of New York Mellon 06406RAN7 04/24/25 1.600% 0.841% 437,402 $ $ ( 400,014 37,387)

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) June, 2022
74 Cintas Corporation 17252MAP5 05/01/25 3.450% 3.460% 59,987 $ 59,797 $ (190)75 USAA Capital Corp 90327QD89 05/01/25 3.375% 3.490% 214,297 $ $ (1 213,140 ,157)76 US Treasury Notes 912828ZL7 04/30/25 0.375% 2.710% 838,409 $ $ (3 835,281 ,128)77 Chevron Corp New Notes 166764BW9 05/11/25 1.554% 3.200% 572,040 $ $ (3 568,926 ,114)78 Apple Inc. 037833BG4 05/13/25 3.200% 0.814% 436,332 $ $ ( 400,000 36,332)79 The Goldman Sachs Group 38148LAE6 05/22/25 3.750% 1.026% 222,856 $ $ ( 197,602 25,254)80 National Australia 63254ABD9 06/09/25 3.500% 3.500% 250,000 $ $ (2 247,778 ,223)81 National Rural Med Term Notes 63743HFE7 06/15/25 3.450% 3.460% 44,98 $ 44,710 8 $ (278)82 US Treasury Notes 912828ZW3 06/30/25 0.000% 0.360% 820,714 $ $ ( 764,663 56,051)83 US Treasury Notes 912828ZW3 06/30/25 0.250% 0.720% 686,273 $ $ ( 639,404 46,869)84 US Treasury Notes 912828ZW3 06/30/25 0.250% 3.030% 551,627 $ $ 793 552,42085 JP Morgan Chase & Co 46625HMN7 07/15/25 3.900% 1.024% 450,500 $ $ ( 400,632 49,868)86 GMALT 2021-3 A4 36262XAD6 07/21/25 0.500% 0.501% 69,997 $ 66,364 $ (3,634)87 Federal National Mortgage (Fannie Mae) 3135G05X7 08/25/25 0.375% 0.410% 499,070 $ $ ( 459,210 39,860)88 Federal National Mortgage (Fannie Mae) 3135G05X7 08/25/25 0.375% 3.050% 918,880 $ $ 918,420 (460)89 Buttes Vista 2000-1 AD, 2013 Refunding 09/02/25 2.730% 2.730% 199,8 $ 98 $ - 199,89890 CITIGROUP INC CORP NOTE (CALLABLE) 172967ND9 11/03/25 1.281% 1.281% $ 135,000 $ (9 125,345 ,655)91 HAROT 2021-3 A3 43815EAC8 11/18/25 0.410% 0.410% 129,998 $ $ (5 124,155 ,843)92 Bank of America Corp Notes (Callable) 06051GKE8 12/06/25 1.530% 1.530% 225,000 $ $ ( 209,351 15,649)93 US Treasury Notes 91282CBC4 12/31/25 0.380% 0.728% 688,734 $ $ ( 637,959 50,775)94 Hyundai Auto Rec TR 44934KAC8 01/15/26 0.590% 0.390% 184,959 $ $ (7 177,563 ,396)95 HAROT 2021-4 A3 43815GAC3 01/21/26 0.880% 0.885% 129,973 $ $ (6 123,929 ,044)96 Bank of America Corp F/R 06051GGZ6 01/23/26 3.366% 1.326% 219,558 $ $ ( 193,698 25,860)97 Morgan Stanley 61746BDZ6 01/27/26 3.875% 1.270% 224,686 $ $ ( 196,970 27,716)98 State Street Corp 857477BR3 02/06/26 1.746% 1.750% 65,000 $ 61,357 $ (3,643)99 HART 2021-C A3 44935FAD6 05/15/26 0.740% 0.745% 99,978 $ 95,510 $ (4,468) 100 TAOT 2022 A3 89239KAC5 06/15/26 0.000% 1.230% 174,970 $ $ (6 167,979 ,991)101 MBART 2021-1 A3 58772WAC7 06/15/26 0.460% 0.463% 214,972 $ $ (9 205,972 ,000)102 Carmx 2021-3 A3 14317DAC4 06/15/26 0.550% 0.550% 184,970 $ $ (7 177,689 ,281)103 GM Fin Cons Auto Rec TR 2021 A-3 380140AC7 06/16/26 0.580% 0.480% 11 $ 4,993 $ (5 109,887 ,106)104 Toyota Motor Credit Corp 89236TJK2 06/18/26 1.125% 1.204% 224,145 $ $ ( 202,856 21,290)105 VALET 2021-1 A3 92868KAC7 06/22/26 1.020% 1.021% 169,993 $ $ (7 162,904 ,089)106 COMET 2021-A1 14041NFW6 07/15/26 0.550% 0.550% 279,989 $ $ ( 264,328 15,660)107 COPAR 2021-1 A3 14044CAC6 09/15/26 0.770% 0.770% 129,998 $ $ (7 122,827 ,171)108 TAOT 2022-B A3 89238FAD5 09/15/26 2.931% 2.931% 89,998 $ 88,834 $ (1,164)109 GM Fin Cons Auto Rec TR 2021-4 A-3 362554AC1 09/16/26 0.680% 0.681% $ 109,997 $ (5 104,870 ,128)110 WOART 2021-D A3 98163KAC6 10/15/26 0.810% 0.813% 154,979 $ $ (7 147,487 ,492)

City of Yuba City
Monthly Investment Statement
City Held Investments
CUSIP Maturity Coupon Yield Estimated Unrealized
No. Description of Security NO. Date Rate to Maturity Cost Basis Market Value Gain/(Loss) June, 2022
111 COMET 2021-A3 A3 14041NFY2 11/16/26 1.040% 1.043% 324,955 $ $ ( 306,917 18,038)112 Target Corporation 87612EBM7 01/15/27 1.950% 1.990% 39,932 $ 37,105 $ (2,827)113 Berkshire Hathaway Financial Notes 084664CZ2 03/15/27 2.300% 2.690% $ 417,261 $ ( 401,434 15,827)114 UnitedHealth Group 91324PEG3 05/15/27 3.700% 3.710% 39,978 $ 39,858 $ (120)115 Buttes Vista 2002-1 AD, 2013 Refunding 09/02/27 2.730% 2.730% 266,4 $ 19 $ - 266,419116 DCENT 2021-A1 A1 254683CP8 09/15/28 0.580% 0.584% 249,946 $ $ ( 232,863 17,084)117 Staple/Ashley/Cornwell AD 09/02/30 6.000% 6.000% 84,448 $ 84,448 $ -118 WWTP Solar System (DS, June 30) 06/30/33 4.000% 4.000% 1,626,570 $ $ - 1,626,570 Total City Held Investments $ 150,546,822 $ (2 147,580,327 $ ,966,495)

City of Yuba City Investment Report
Investments Held By Trustees
Description of Maturity Coupon Yield Estimated Unrealized No. Description of Debt Issuance Account Type Security Date Rate to Maturity Cost Basis Market Value Gain/(Loss) 119 2013 Water Rev COP Debt Service Blackrock T-Fund Daily 1.340% 1.340% 73 $ 73 - 120 Interest Blackrock T-Fund Daily 1.340% 1.340% 236 236 -120 TABs Refunding - 2015 Debt Service Blackrock T-Fund Daily 1.240% 1.240% 2 2 - 121 Interest Blackrock T-Fund Daily 1.320% 1.320% 16 16 -122 Interest Blackrock T-Fund Daily 0.000% 0.000% - - -123 Principal Blackrock T-Fund Daily 0.980% 0.980% 1 1 -124 Reserve Blackrock T-Fund Daily 1.340% 1.340% 128,660 128,660 -125 Reserve Assured Guaranty Daily Discount 0.000% 1,870,568 1,870,568 -126 Reserve Blackrock T-Fund Daily 1.340% 1.340% 478,855 478,855 -127 Gauche Park Refunding - 2015 Debt Service Blackrock T-Fund Daily 1.340% 1.340% 153 153 -128 Debt Service Blackrock T-Fund Daily 0.000% 0.000% - - -129 Reserve Assured Guaranty Daily Discount 0.000% 650,031 650,031 -130 CFD Refund 2015 Debt Service Blackrock T-Fund Daily 1.570% 1.570% 1 1 -131 Reserve Blackrock T-Fund Daily 1.340% 1.340% 42,814 42,814 -132 I-Bank Paymnt Blackrock T-Fund Daily 1.330% 1.330% 100 100 - 133 Wastewater Revenue Bonds (CREBS) - 2017 Bond Blackrock T-Fund Daily 1.340% 1.340% 91 91 -134 Project Blackrock T-Fund Daily 0.000% 0.000% - - -135 Authority 2018 Wastewater Revenue Bonds Bond Blackrock T-Fund Daily 0.000% 0.000% - - 136 Authority 2018 Wastewater Revenue Bonds Bond Blackrock T-Fund Daily 1.010% 1.010% 131 131 137 Project First Am Treas Obl Daily 1.010% 1.010% 184,965 184,965 Total Trustee-Held Investments $ 3,356,699 3,356,699 $ - $ TOTAL CITY & TRUSTEE-HELD INVESTMENTS $ 150,937,026 153,903,521 $ (2,966,495) $ Signed: Date:

Spencer Morrison, City Treasurer/s/ Spencer Morrison 8/26/2022 June, 2022
I certify to the best of my knowledge: (i) That this statement reflecting all City investments is accurate and complete; (ii) That each investment conforms with the City's investment policies,as well as California's Government Code; and (iii) That sufficient cash flow liquidity is available to meet the next six months of estimated disbursements.

Balance Balance Period
Account Types 3/31/2022 6/30/2022 Activity
City Held Investments Local Agency Investment Fund 74,156,441 $ 68,604,644 $ (5,551,797) $ California Asset Management Program 334,999 335,683 685 Cash/Money Market 4,215,509 23,683,404 19,467,895 Federal Agency Securities 13,948,803 12,656,141 (1,292,662) US Treasuries 21,825,252 22,205,864 380,612 Certificates of Deposit 1,873,324 1,869,081 (4,243) Corporate Bonds and Asset Backed Sec. 14,904,054 15,045,427 141,373 City-held Assessment Districts & Municipals 2,382,739 2,379,469 (3,270) Supranationals 557,014 800,614 243,600
Total City Held Investments 134,198,134 $ 147,580,327 $ 13,382,193 $ Trustee Held Investments Water Refunding 2013 0 $ 309 $ 309 $ TABs Refunding - 2015 2,477,589 2,478,102 513 Gauche Park Refunding 650,031 650,184 153 Sunsweet CFD Refund 42,879 42,915 36 Wastewater Revenue Bonds - 2017 0 91 91Wastewater Revenue Bonds - 2018 236,163 185,096 (51,067) Total Trustee Held Investments 3,406,663 $ 3,356,699 (49,965) $ Total 137,604,797 $ 150,937,026 $ 13,332,228 $
City of Yuba City - Quarterly Investment Transaction Report June 2022 - Market Value Summary

Settlement Maturity Trade Activity Coupon Yield to
Description of Security Broker Date Date Date Type Rate Maturity Cost Basis Toyota Motor Credit Corpt 04/12/22 04/12/22 04/12/22 Maturity 2.650% 1.550% 550,000 Fannie Mae 04/12/22 04/12/22 04/12/22 Maturity 2.250% 1.500% 860,000Carmax Auto Owner Trust 06/15/22 09/15/23 06/15/22 PayDown 3.360% 3.360% 13,093Freddie Mac KP05 A 06/27/22 07/25/23 06/27/22 PayDown 3.203% 3.203% 28Chevron Corporate Notes 05/11/22 06/24/23 05/11/22 Call 3.191% 1.636% 601,303 Berkshire Hathaway 05/16/22 05/16/22 05/16/22 Maturity 3.000% 2.367% 1,000,000 US Treasury Notes 05/02/22 04/30/22 05/02/22 Maturity 1.875% 2.132% 1,550,000 Federal Home Loan Bank 06/10/22 06/10/22 06/10/22 Maturity 2.125% 1.926% 1,257,175 $ 5,831,600
Toyota Motor Credit Corp Citigroup Global Markets NY 04/12/22 09/13/24 04/06/22 Buy 0.625% 2.770% 522,550 US Treasury Notes Royal Bank of Scotland Global 04/12/22 04/30/25 04/06/22 Buy 0.375% 2.730% 838,409Toyota Auto Receivables 2022-A Owner Trust Mitsubishi UFJ Securities USA 04/13/22 09/15/26 04/07/22 Buy 2.931% 2.931% 89,998Chevron Corporate New Notes RBS Capital Markets, LLC 05/12/22 05/11/25 05/09/22 Buy 1.554% 3.200% 572,040 John Deere Medium Term Notes Bank of Montreal 05/18/22 03/07/25 05/16/22 Buy 2.125% 3.030% 975,850Cintas Corporation Pershing LLC 05/03/22 05/01/25 04/26/22 Buy 3.450% 3.460% 59,987 National Rural Medium Term Notes RBC Capital Markets, LLC 05/04/22 06/15/25 04/27/22 Buy 3.450% 3.460% 44,988 US Treasury Notes Nomura Securities 05/04/22 12/31/24 05/03/22 Buy 1.750% 2.940% 387,875 UnitedHealth Group Bank of America Securities, Inc. 05/20/22 05/15/27 05/17/22 Buy 3.700% 3.710% 39,978 USAA Capital Corp Bank of America Securities, Inc. 05/26/22 05/01/25 05/23/22 Buy 3.375% 3.490% 214,297 US Treasury Notes RBS Capital Markets, LLC 06/10/22 06/30/25 06/09/22 Buy 0.250% 3.030% 551,627 Fannie Mae Morgan Stanley NY 06/10/22 08/25/25 06/09/22 Buy 0.375% 3.050% 918,880 US Treasury Notes HSBC Securities, Inc. 06/06/22 02/15/25 06/02/22 Buy 1.500% 2.840% 337,928 National Australia Citigroup Global Markets, Inc. 06/09/22 06/09/25 05/31/22 Buy 3.500% 3.500% 250,000 Total Purchases $ 5,804,406
Investment Activity
April, May, June, 2022

SALES/REDEMPTIONS
Total Sales/Redemptions

PURCHASES

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Electrical Stand-by Bargaining Unit Side Letters Recommendation: A. Adopt a Resolution approving Side Letters with the First Level Managers and Public Employees’ Union, Local 1/AFSCME 57 bargaining units which establish the terms and requirements for the Electrical Division employees to serve and be paid for Electrical stand-by shifts
B. Authorize the Finance Director to make budget adjustments as necessary Fiscal Impact: Estimated $1,500 – variable depending upon on-call and coverage needs Purpose:

To provide the necessary staffing for 24-hour response to the City’s electrical infrastructure needs for the safety and welfare of its residents and businesses.

Council’s Strategic Goal:

This item addresses the City Council’s Strategic Goal of Infrastructure by ensuring that City staff can effectively and efficiently respond to electrical needs and emergencies within the City’s utilities, facilities, and streets infrastructure outside of business hours.

Background:

The Public Works Department has three types of stand-by shifts – General, Electrical, and Water Distribution – which are each staffed by an employee on a weekly rotation to cover emergencies and service calls during all non-business hours, weekends, and holidays. Historically, the Electrical stand-by shift has only been staffed by the Electrical Technician I/II/III Local 1 classification by verbal agreement in accordance with the provisions of the General stand-by assignment. The Department currently has two (2) budgeted Electrical Technicians, which is a very limited eligibility pool to allow for regular relief from stand-by duty or emergency coverage.

Analysis:

Council approved the creation of an Electrical/Instrumentation First Level Supervisor classification in Fiscal Year 21/22 in order to better support the City’s Electrical/Instrumentation Division. This job

classification meets the City’s requirements to provide Electrical stand-by coverage. Public Works is requesting that language be added to the First Level Managers bargaining unit (FLM) Memorandum of Understanding to allow for the Electrical/Instrumentation Supervisor to fill Electrical stand-by shifts, and receive compensation for doing so, bringing the eligible pool of Electrical stand-by workers up to three (3) budgeted positions.

The current FLM Memorandum of Understanding Sections 14.2-14.6 provides provisions for the Water Distribution Supervisor to fill stand-by shifts on an as-needed basis to augment the limited eligibility pool of certified Water Distribution Operators. The attached Side Letter, which has been signed by the representatives from the FLM bargaining unit, has altered the language of 14.2-14.6 to expand these same provisions for the Electrical/Instrumentation Supervisor classification (Exhibit 1A). Staff has also discussed this proposed change with Local 1 and confirmed in writing that they have no concern or objection to the supervisor covering Electrical stand-by duties.

As the Electrical stand-by has historically operated under the General stand-by description, Public Works and Local 1 are also requesting that similar language be added to the Local 1 Memorandum of Understanding Article 15 Section 1 in order to memorialize the long-standing Electrical stand-by assignment at this time.

Fiscal Impact:

The Electrical/Instrumentation Supervisor position is funded from the Water, Wastewater, and General (Electrical) funds, matching the two full-time Electrical Technicians. The stand-by rate, $2.45 per hour, is the same for both FLM and Local 1 employees, so costs will not differ for the base stand-by staffing by adding the First Level Supervisor; however, there will be some overtime cost increases due to the higher supervisory hourly rate for any emergency callbacks. The supervisor position will only be included in the stand-by rotation as needed, but Local 1 employees will be the primary stand-by staffing.

Consistent and professional Electrical stand-by response by City employees eliminates or reduces the need for independent electrical contractors, which are often more expensive and provide less reliable coverage.

Alternatives:

1. Do not approve the FLM Side Letter, which will require all Electrical stand-by shifts to be covered only by Local 1 Electrical Technicians and could necessitate a reduction in coverage.

2. Direct staff to amend the Side Letter language.

3. Provide alternative direction to staff.

Recommendation:

A. Adopt a Resolution approving Side Letters with the First Level Managers and Public Employees’ Union, Local 1/AFSCME 57 bargaining units which establish the terms and requirements for the Electrical Division employees to serve and be paid for Electrical stand-by shifts.

B. Authorize the Finance Director to make budget adjustments as necessary.

Attachments:

1. Resolution - Electrical Stand-by

2. FLM Side Letter - Electrical Stand-by

3. Local 1 Side Letter - Electrical Stand-by
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING

BARGAINING UNIT SIDE LETTERS FOR ELECTRICAL STAND-BY PROVISIONS WITH PUBLIC EMPLOYEES’ UNION, LOCAL 1/AFSCME 57 AND THE FIRST LEVEL MANAGERS WHEREAS, City staff and the First Level Managers bargaining unit (FLM) have negotiated a Side Letter to amend Sections 14.2 through 14.6 of the current Memorandum of Understanding (MOU) to establish provisions for the Electrical/Instrumentation First Level Supervisor to fill and be paid for Electrical stand-by shifts in order to respond to electrical emergencies during non-business hours; and

WHEREAS, all other provisions of the current MOU between the City and FLM, with a current term of July 1, 2022 through June 30, 2025, shall remain unchanged; and WHEREAS, City staff and Public Employees’ Union, Local 1/AFSCME 57 (Local 1) have negotiated a Side Letter to amend Article 15 (Callback and Stand-by Time) Section 1 of the current MOU to memorialize the provisions for Local 1 Electrical Division employees to fill and be paid for Electrical stand-by shifts, and acknowledging the City’s right to fill Electrical Standby periods with the Electrical/Instrumentation Supervisor when necessary; and WHEREAS, all other provisions of the current MOU between the City and Local 1, with a current term of July 1, 2020 and June 30, 2023, shall remain unchanged.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. The attached Side Letter with the First Level Managers bargaining unit is hereby approved with an effective date of September 10, 2022, establishing the terms and requirements for the Electrical/Instrumentation First Level Supervisor to serve and be paid for Electrical stand-by shifts.
a. Sections 14.2 through 14.6 of the current Memorandum of Understanding shall be replaced with the language on the attached Side Letter as indicated in Exhibit 1A.

2. The attached Side Letter with Public Employees’ Union, Local 1/AFSCME 57 is hereby approved with an effective date of September 10, 2022, establishing the terms and requirements for Local 1 Electrical Division employees to serve and be paid for Electrical stand-by shifts.
a. Article 15 (Callback and Stand-by Time) Section 1 of the current Memorandum of Understanding shall be replaced with the language on the attached Side Letter as indicated in Exhibit 1B.

3. The Director of Finance is hereby authorized to make the necessary budget adjustments to implement the provisions of this Resolution.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed, and adopted at a regular meeting thereof held on the 6th day of September 2022.

AYES:

NOES:

ABSENT:
________________________
Dave Shaw, Mayor
ATTEST:

____________________________
Ciara Wakefield, Deputy City Clerk
Approved as to form:
____________________
Stacey Sheston
BB&K, Special Counsel
Exhibit 1A: FLM Side Letter
Exhibit 1B: Local 1 Side Letter

EXHIBIT 1B

The City of Yuba City and Public Employees’ Union, Local 1/AFSCME 57 Side Letter of Agreement to the
July 1, 2020 – June 30, 2023 Memorandum of Understanding The City of Yuba City ("City") and Public Employees’ Union, Local 1/AFSCME 57 (“Union”) have met and conferred in good faith pursuant to the requirements of the Meyers-MiliasBrown Act regarding this Side Letter amending their Memorandum of Understanding ("MOU"), with a current term of July 1, 2020 through June 30, 2023, as set forth below.

The purpose of this Side Letter is to add provisions for “Electrical Stand-by” to the current MOU, whereby Electrical Technicians may be assigned to stand-by shifts for after-hours electrical emergencies, calls, and services and will be eligible to receive stand-by pay for these shifts. The language below shall replace Article 15 (Callback and Stand-by Time) Section 1.

Memorandum of Understanding:

Article 15 – Callback and Stand-by Time

1. Public Works Employees Callback and Stand-by Time:

This section addresses the Public Works employees on stand-by for after hours and weekends/holidays for a seven-day period.
a. Stand-by Assignment:

1. There are three (3) types of stand-by shifts: General, Electrical, and Water Distribution. The General stand-by employee is responsible for any after-hours calls except for Water Distribution and Electrical specialty calls. The Water Distribution stand-by employee is the designated shift operator for the water distribution system and must respond to water distribution calls while on standby duty. The Electrical stand-by employee shall be responsible for the City’s electrical infrastructure, including, but not limited to, traffic signals, streetlights, City facilities, the Water Treatment Plant, and the Wastewater Treatment Facility, and must respond to electrical calls while on stand-by duty. The Water Distribution and/or Electrical stand-by employee may be utilized for general calls for service if one or two additional employees are required by the General stand-by person. If further staffing is needed beyond the three stand-by personnel, then any available employees will be asked to respond.

2. Stand-by pay shall be $2.45 per hour for all hours occurring between the end of the shift and the beginning of the next regular shift. A rotation stand-by list will be created and posted in January of each year. Employees are allowed to trade stand-by weeks or individual days within stand-by weeks to stand-byeligible employees with written notice to their supervisor for approval at least two (2) days in advance of their scheduled stand-by week.

3. Stand-by employees are provided designated take-home vehicles for the purpose of responding to call-outs. Take-home vehicles will not be driven for any purpose other than driving to and from service calls and traveling to and from work. Employees required to use their personal vehicle while on standPage 45 of 304 by shall receive the current IRS mileage rate for personal vehicle mileage while responding to callouts. Personal vehicle usage must have pre-approval of insurance coverage in accordance with the City’s policy.

4. Stand-by employees called back to work shall receive a minimum of two (2) hours at time-and-one-half the employee’s regular rate of pay. Multiple callouts within the two (2) hour minimum period are not separately compensable. If continuous work hours exceed the two (2) hour minimum, the actual time worked is paid at time-and-one-half the employee’s regular pay. The stand-by pay is from portal-to-portal or when a call is received from Dispatch until the employee has returned to their residence.
b. Personnel Eligibility for General Stand-by:

1. Personnel shall have a minimum of one (1) year experience as a City of Yuba City Public Works Maintenance Worker I and have successfully completed their initial probationary period.

2. Personnel must have a minimum of a Class B California driver’s license.

3. Personnel must be within 45 minutes response time using an internet mapping site.

4. Personnel while on stand-by must remain physically able to respond within 45 minutes to the incident and refrain from the use of alcohol, medications, or substances that may interfere with their ability to effectively respond to any call for service while on stand-by.
c. Personnel Eligibility for Electrical Stand-by:

1. Personnel shall have a minimum of one (1) year experience as a City of Yuba City Electrical Technician and have successfully completed their initial probationary period.

2. Personnel must have a minimum of a Class C California driver’s license.

3. Personnel must be within 45 minutes response time using an internet mapping site.

4. Personnel while on stand-by must remain physically able to respond within 45 minutes to the incident and refrain from the use of alcohol, medications, or substances that may interfere with their ability to effectively respond to any call for service while on stand-by
d. Personnel Eligibility for Water Distribution Stand-by:

1. Personnel must have a valid California Water Distribution D-3 or higher certification and have successfully completed their initial probationary period.

2. Personnel must have a minimum of a Class B California driver’s license.

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Wastewater Treatment Facility Lift Station No. 2 Rehabilitation Equipment Purchase
Recommendation: Adopt a Resolution awarding the purchase of three (3) Flygt-brand hard iron impeller pumps and associated parts to Shape, Incorporated of Pleasanton, CA in the amount of $256,000 for the Lift Station No. 2 Rehabilitation Project, with the finding that it is in the best interest of the City Fiscal Impact: $256,000 – Account No. 981105-65501 (Lift Station Improvements) Purpose:

Facilitate the Lift Station No. 2 Rehabilitation Project by pre-purchasing proprietary equipment in an expedient and cost-effective manner.

Council's Strategic Goal:

This project addresses the City Council's Strategic Goal of improving vital wastewater Infrastructure through the construction of a priority rehabilitation project.

Background:

The City’s wastewater collections system includes 17 lift stations, which were evaluated by the City’s consultant in the 2020 Wastewater Master Plan. Major rehabilitation of Lift Station No. 2 was recommended as a priority for completion within the first one to five years under the 2020 plan.

Identified concerns include exposed aggregate and reinforcing bars in the wet well and the lack of a bypass discharge option for emergencies and shutdowns.

Analysis:

Public Works Engineering staff has developed a multi-phase Lift Station No. 2 Rehabilitation Project (Project) to accomplish this priority need in a cost-effective and efficient manner.

Lift Station No. 2 Rehabilitation Project Phases:

1. Purchase of pumps and parts (Council award)

2. Purchase of bypass materials (City informal encumbrance)

3. Contract for bypass construction (Public Contract Code sole source)

4. Contract for wet-well rehabilitation and bypass operation (Public Contract Code formal bid) Public Works is requesting the purchase of three (3) Flygt-brand hard iron impeller pumps and associated parts as Phase 1 of this Project. This specialty equipment will be installed as part of Phase 4 of the project, but staff recommends that the equipment be purchased separately from the construction contract due to the approximate manufacturing and shipping lead time of 20 to 24 weeks.

Shape, Incorporated of Pleasanton, CA is the sole source for the specific Flygt-brand pumps needed for the Project, which eliminates the ability to competitively bid the purchase.

Engineering staff is currently preparing the plans and specifications for the Project. Once design is complete, Public Works staff will coordinate the purchase of the bypass materials and construction contract and return to Council for approval of the plans and specifications in order to bid the final phase of the Project. Staff aims to have the bypass constructed and the rehabilitation contract in place by the time of pump equipment delivery.

Fiscal Impact:

The total construction cost for the Project, including pump equipment and installation, bypass materials and installation, the wet-well rehabilitation, and project management is estimated at $850,000. The pump equipment requested in this item has been quoted by Shape, Incorporated at $198,900 plus tax in Exhibit 1A; staff has included a 20% contingency to offset price increases due to the current market’s unpredictable supply and manufacturing costs.

There are sufficient funds in Account No. 981105-65501 (Lift Station Improvements) for this encumbrance, as well as the total construction cost for the Lift Station No. 2 Rehabilitation Project.

Alternatives:

Do not approve the award at this time and direct staff to include the pump purchase as part of the bid specifications for the Lift Station No. 2 Rehabilitation Project construction contract. Construction delays may result.

Recommendation:

Adopt a Resolution awarding the purchase of three (3) Flygt-brand hard iron impeller pumps and associated parts to Shape, Incorporated of Pleasanton, CA in the amount of $256,000 for the Lift Station No. 2 Rehabilitation Project, with the finding that it is in the best interest of the City.

Attachments:

1. Resolution - WWTF Lift Station 2 Rehab Equipment

2. Shape Quote - WWTF Lift Station 2 Rehab Equipment
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE PURCHASE OF THREE (3) FLYGT-BRAND HARD IRON IMPELLER

PUMPS AND ASSOCIATED PARTS TO SHAPE, INCORPORATED OF PLEASANTON, CA IN THE AMOUNT OF $256,000
WHEREAS, the City of Yuba City recognizes the need for ongoing maintenance and improvements to maintain continuous and reliable operation of the Wastewater Treatment Facility, wastewater collections system, and satellite facilities, including 17 lift stations, for the health and wellbeing of our customers and the environment; and WHEREAS, the 2020 Wastewater Master Plan identified the rehabilitation of Lift Station No. 2 as a priority project, including repairs to the wet well due to exposed aggregate and reinforcing bars and the installation of a bypass discharge option for emergencies and shutdowns; and
WHEREAS, the Public Works Department Engineering Division has developed a multiphase Lift Station No. 2 Rehabilitation Project to construct these identified needs in a costeffective and efficient manner, beginning with the purchase of the proprietary Flygt-brand hard iron impeller pumps and associated parts; and
WHEREAS, the City has determined that the most expedient and beneficial means by which to facilitate the Lift Station No. 2 Rehabilitation Project is to purchase the appropriate pumps and parts directly; and
WHEREAS, the City desires to purchase three Flygt-brand hard iron impeller pumps and associated parts from Shape, Incorporated of Pleasanton, CA in accordance with the City’s Purchasing Policies and Procedures, as the pumps are proprietary equipment uniquely suited for the City’s wastewater lift station infrastructure and solely available from said vendor; and WHEREAS, Shape, Incorporated is the sole supplier in the region of Flygt pumps; and WHEREAS, the City has met the requirements to sole source the equipment pursuant to Public Contract Code section 3400(c) and City Purchasing Policies section 8-8.4.2; and WHEREAS, the negotiated prices for the equipment from Shape, Incorporated are reasonable and on par with similar proprietary equipment in the wastewater industry; and WHEREAS, the City Council now desires to authorize the sole source purchase of Flygtbrand pumps from Shape, Incorporated.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. The City Council finds that a sole source award is appropriate on grounds including that Shape, Incorporated is the sole authorized distributor of the desired type of pumps in the region, that only these pump types would be financially and practically feasible given the current operating system, facilities, and performance needs, and that the proposed

negotiated prices for Shape, Incorporated’s equipment are reasonable and on par with similar proprietary equipment in the wastewater industry. Given this, the City Council finds that it is in the best interest of the City to make a sole source award to Shape, Incorporated for three (3) Flygt-brand hard iron impeller pumps and associated parts. As such, the City Council of the City of Yuba City awards the purchase of three (3) Flygtbrand hard iron impeller pumps and associated parts to Shape, Incorporated of Pleasanton, CA in the amount of $256,000.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 6th day of September, 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit:

A. Shape Quotation No. 096015FL -D

EXHIBIT 1A

QUOTATION
SHAPE INC. Page 1of 2
___________________________________________
Nick Chavez
QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OR FEDERAL STATURE. THIS QUOTATION PRICE IS FOR MATERIAL LISTED ABOVE. ANY ADDITIONS OR MODIFICATIONS THAT BECOME NECESSARY FOR APPROVED SUBMITTALS, UPON AWARDING OF THIS CONTRACT, MAY RESULT IN NECESSARY PRICE CHANGES.

NOTE: ITEMS NOT SPECIFIED ON THIS QUOTATION ARE NOT INCLUDED IN OUR PRICE AND ARE TO BE SUPPLIED BY OTHERS. PRICES ARE FOR IMMEDIATE ACCEPTANCE AND SUBJECT TO CHANGE WITHOUT NOTICE. Rev. 01/98 SALE SUBJECT TO MANUFACTURERS STANDARD TERMS AND CONDITIONS. 30% Re-stocking fee.

PLEASANTON STOCKTON
6600 Koll Center Parkway, Ste. 220 119 Val Dervin Parkway # 2 Pleasanton, CA 94566 Stockton, CA 95206
Phone (925) 485-9720 Phone (209) 234-5909
Fax (925) 485-6085 Fax (209) 234-5913
TO: Yuba City WWTP DATE: 26-Jul-22
302 Burn Drive QUOTE #: 096015FL -D
Yuba City, CA 95991 JOB: PS#2
LOCATION: Yuba City, CA
ATTN: Nate Mcready - [email protected]> PHONE:

Fax:

WE ARE PLEASED TO QUOTE ON THE FOLLOWING EQUIPMENT
SUBJECT TO CONDITIONS PRINTED ON THE BACK HEREOF, F.O.B. FACTORY THESE CONDITIONS MAY BE CHANGED ONLY BY A WRITTEN F.F.A. TO FIRST DESTINATION STATEMENT SIGNED BY AN OFFICER OF SHAPE, INCORPORATED.

QTY ITEM PRICE
Pump Station #2 Upgrade
3 Flygt NP3202- MT, 642 Hard Iron Impeller, 35hp, 8” Discharge, 460/3/60, FLS Moisture Detection, F/M Explosion Proof Motor, 50ft of Power Cable 3 Flygt Mini-Cas Thermal/Moisture Relays (Installed in Control Panel By Others) 3 Flygt 8” Cast Iron Discharge Elbow
1 Lot Accessories: (3) 3” Upper Guide Bar Bracket, (3) 3”x12” Intermediate Guide Bar Brackets, (12) 20ft Lengths 3” Guide Rails (3) 25ft Length of Chain, (6) Shackles, (3) Cable Holder, All 316 Stainless Steel
3 36” x 48” Clear Opening, Aluminum Access Hatches, H20 Load Rating, Angle Style, Recessed Padlock Clip, Safety Grate
1 Lot: Factory Standard Coating on Pumps & Elbows & Valves 1 Lot: Startup Assistance
1 Lot: Documents, O&Ms, & Freight
Total For Above Equipment: $198,900.00
NOTES:

1. Price includes freight: F.F.A.

2. Price does not include any applicable taxes

3. Price does not include: installation, equipment unloading, guide bars, pipe, valves, conduit, anchor bolts, or any other items not listed.

4. ESTIMATED delivery of equipment A) Pumps 20-24 WEEKS B) ACCESSORIES 5-7 WEEKS

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit C_10 (Henson Ranch – Phase 1)
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering annexation of the parcel associated with the Henson Ranch – Phase 1 Development, APN 62-082-018 into the existing Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit C_10 and establishing a levy of assessments for the annexed territory
Fiscal Impact: $108.79 per lot, $10,443.84 total annual revenue, with an inflation index Purpose:

To fund the ongoing operation, maintenance, and administration of street lighting, street trees, landscaping materials, and street-end barricades and associated chain link fencing, hardscaping, water quality devices (stormceptor), and weed control.

Council Strategic Goal:

Annexing this subdivision into a Lighting and Landscape Maintenance District (LLMD) addresses the City Council’s Strategic Goal of maintaining infrastructure, as the LLMD will ensure that street lighting, street trees, landscaping materials, and street-end barricades and associated chain link fencing, hardscaping, stormceptor, and weed control are maintained and in operation Background:

The existing LLMD No. 5, Zone of Benefit C_10 was established in 2021 for the Hooper Ranch Estates Phase 2 subdivision, with a fee per parcel for the operation and maintenance costs associated with street lighting, street trees, landscaping strips, planters, and irrigation systems, street end barricades and associated chain link fencing, detention ponds and associated slide gates, and any related appurtenances for the foregoing items. The fee per parcel for Zone of Benefit C_10 was determined based on annual maintenance costs for the aforementioned items associated with the Hooper Ranch Estates Phase 2 subdivision.

Currently the Henson Ranch – Phase 1 Development at Assessor’s Parcel Number (APN) 62-082-018 (previously 62-082-011, and portions of 62-082-009, 62-082-014 and 62-082-015) is requesting to be included into this Zone of Benefit, to satisfy conditions of approval for Tentative Subdivision Map (TSM 21-01). Additionally, the subject parcel is planned to be split into 96 parcels. In order to determine what the assessment will be for these 96 parcels, the original assessment for Zone of Benefit C_10 will need to be increased to today’s dollars using the Consumer Price Index (CPI).

The City has created and modified several LLMDs to encompass a number of commercial projects and subdivisions over the past few years. The process of annexing to an existing District consists of adopting multiple City Council Resolutions, holding Public Hearings, and observing rights of majority protests.

Analysis:

The Public Notice procedure can be waived and an expedited process can be substituted at the request of the property owners requesting to be annexed into the District. The authorized representatives of the Henson Ranch – Phase 1 Development have requested to waive the Public Hearing proceedings, which has allowed the City to utilize the expedited process in order to annex the parcels associated with the Henson Ranch – Phase 1 Development into the existing LLMD No. 5, Zone of Benefit C_10.

The expedited process consists of the City Council holding a Public Hearing for the annexation of the new area into the existing Zone of Benefit, adopting a single Resolution which confirms and orders the annexation of the new territory into the existing Zone of Benefit and ordering a levy of assessments for said Zone of Benefit. The levy amounts have been established by City staff through the creation of an Engineer’s Report for the Zone of Benefit. The Engineer’s Report contains a detailed estimate of annual costs to energize and maintain the streetlights, and maintain street trees, landscaping materials, irrigation systems, street-end barricades and associated chain link fencing, hardscaping, stormceptor, and weed control within the Zone of Benefit (Attachment 2).

Once the Resolution has been adopted, the City will file the Engineer’s Report with the City Clerk. The information will then be provided to the Sutter County Auditor-Controller so that the properties can be assessed accordingly.

Fiscal Impact:

Revenue from the assessed parcels is to be used to provide maintenance services and district administrative costs. The Engineer’s Report for the Yuba City Lighting and Landscape Maintenance District No. 5 Zone of Benefit C_10 has determined that the annual assessed amount for the parcels being annexed into the Zone of Benefit is $108.79 per lot, or $10,443.84 total annually, and is subject to an annual inflation increase.

Alternatives:

1. Do not adopt the following Resolution and fund the operation and maintenance of the streetlights, and maintain street trees, landscaping materials, irrigation systems, street-end barricades and associated chain link fencing, hardscaping, stormceptor, and weed control from alternative sources.

2. Direct staff to begin the typical longform Lighting and Landscape Maintenance District annexation procedure.

Recommendation:

A. Conduct a Public Hearing

B. Adopt a Resolution confirming and ordering annexation of the parcel associated with the Henson Ranch – Phase 1 Development, APN 62-082-018 into the existing Yuba City Lighting and Landscape Maintenance District No. 5, Zone of Benefit C_10 and establishing a levy of assessments for the annexed territory
Attachments:

1. Attachment 1 - Resolution 5 C_10 with Exhibits

2. Attachment 2 - Engineer's Report 5 C_10

3. Attachment 3 - Waive Public Hearing Letter 5 C_10
Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY CONFIRMING

AND ORDERING ANNEXATION OF THE PARCEL ASSOCIATED WITH THE HENSON RANCH – PHASE 1 DEVELOPMENT, APN 62-082-018, INTO THE EXISTING YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 5, ZONE OF BENEFIT C_10 AND ESTABLISHING A LEVY OF ASSESSMENTS FOR

THE ANNEXED TERRITORY
WHEREAS, the City of Yuba City, pursuant to the provisions of the Lighting and Landscaping Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), previously established Yuba City Lighting and Landscape Maintenance District (“District”) No. 5, and has levied and collected the annual assessments for said District No. 5; and
WHEREAS, assessments levied within the District provide revenue for the purpose of financing the maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streetlights, street trees, landscaping materials, and irrigation systems; and WHEREAS, certain property owners have requested their property to be annexed into District No. 5, Zone of Benefit C_10; and
WHEREAS, in annexation proceedings, the resolutions, report, notices of hearing, and right of majority protest shall be waived with the written consent of all of the owners of property within the territory to be annexed, and mailed notice may be dispensed with as to all property owners who shall have filed a written request for the annexation of their property; and
WHEREAS, pursuant to Section 22608 of the Streets and Highways Code, the property owners have provided written consent waiving such items, and acknowledging the amount of levy and collection of assessments; and
WHEREAS, the resolutions, report, notices of hearing, right of majority protest, and mailed notice have been properly waived; and
WHEREAS, the City Council desires to annex the territory of the property owners to existing assessment District No. 5; designate the portion of the annexed territory into existing District No. 5 Zone of Benefit C_10, and set the levy and collection of assessments against the assessable lots and parcels of land for that portion of territory.

NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

Section 1. The above recitals are true and correct, and are hereby incorporated herein by this reference.

Section 2. The City Council finds that the hearing on said annexation of territory and levy of assessment was held in accordance with law and all persons desiring to speak were heard, and that there was no majority protest by the property owners of the same.

Section 3. The City Council orders the territory identified in Exhibit “B” is annexed into existing assessment district Yuba City Lighting and Landscape Maintenance District No. 5 (“District”), Zone of Benefit C_10.

Section 4. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within Zone of Benefit C_10 of the existing assessment district designated “Yuba City Lighting and Landscape Maintenance District No. 5” pursuant to the provisions of the Act, for the remainder of the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay for the costs and expenses of the improvements for Zone of Benefit C_10, at the assessment rate(s) set forth in Exhibit “A.”
Section 5. The City Council hereby determines that the territory within Zone of Benefit C_10 of the District, whose boundaries are set forth in Exhibit “B,” will be the territory benefited by the maintenance and servicing of the improvements.

Section 6. The City Council hereby orders the levy of the assessments described in said Exhibit “A.”
Section 7. The City Council finds that the assessment diagram showing Zone of Benefit C_10 of the District, and also the subdivision of land within the District, as contained in Exhibit “B,” be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements for that portion of the District.

Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Sutter County Auditor-Controller no later than September 9th, 2022.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 6th day of September 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):

Exhibit A – Assessment Roll
Exhibit B – Vicinity Map
Exhibit C – Existing Zone of Benefit Map

EXHIBIT A

8 PART C

ASSESSMENT ROLL
Yuba City Lighting and Landscape Maintenance District No. 5 ZONE OF BENEFIT C_10
(Henson Ranch - Phase 1)
Assessment # Assessor’s # Amount of Assmt.
1-96 62-430-TBD $ 108.79

EXHIBIT B

LOT 1LOT 2LOT 3LOT 4LOT 5 LOT 7LOT 8LOT 9LOT 10LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 18
LOT 17
LOT 20
LOT 19
LOT 22
LOT 23LOT 24LOT 25LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32LOT 33 LOT 43 LOT 42 LOT 41 LOT 40 LOT 39 LOT 38 LOT 37 LOT 36 LOT 35LOT 34 LOT 55LOT 54 LOT 53 LOT 52 LOT 51 LOT 50 LOT 49LOT 48LOT 47LOT 46LOT 45 LOT 44 LOT 85
LOT 84
LOT 83
LOT 82
LOT 81
LOT 80
LOT 79
LOT 78
LOT 77
LOT 76
LOT 74 LOT 75
LOT 70
LOT 69
LOT 68
LOT 67
LOT 66
LOT 65
LOT 59
LOT 64
LOT 56
LOT 63
LOT 62
LOT 61
LOT 96
LOT 95
LOT 94
LOT 93
LOT 92
LOT 91
LOT 90
LOT 89
LOT 88
LOT 87
LOT 86
LOT 21
LOT 60
LOT 58
LOT 71
LOT 6
LOT 72
LOT 57 LOT 73
HENSON RANCH - PHASE 1

LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT No. 5
ZONE OF BENEFIT C_10

SUBJECT
AREA
SCALE: 1" = 400'
STATE ROUTE 20 HOOPER RD HARTER PKWY

AREA TO

BE ADDED EL MARGARITA RD

EXHIBIT C

11 10 9 8 7 6 5 4 3 2 1 21 131214 15 16 17 18 1920 DRIVEWAY LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 18 LOT 17 LOT 20 LOT 19 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31LOT 32 LOT 33 LOT 43 LOT 42 LOT 41LOT 40 LOT 39 LOT 38 LOT 37 LOT 36 LOT 35 LOT 34 LOT 55 LOT 54 LOT 53 LOT 52 LOT 51LOT 50 LOT 49 LOT 48 LOT 47 LOT 46 LOT 45 LOT 44 LOT 85 LOT 84 LOT 83 LOT 82 LOT 81 LOT 80 LOT 79 LOT 78 LOT 77 LOT 76 LOT 74 LOT 75 LOT 70 LOT 69 LOT 68 LOT 67 LOT 66 LOT 65 LOT 59 LOT 64 LOT 56 LOT 63 LOT 62 LOT 61 LOT 96 LOT 95 LOT 94 LOT 93 LOT 92 LOT 91 LOT 90 LOT 89 LOT 88 LOT 87 LOT 86 LOT 21 LOT 60 LOT 58 LOT 71 LOT 6 LOT 72 LOT 57 LOT 73 LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT No. 5, ZONE OF BENEFIT C_10 NEW AREA FOR ZONE OF BENEFIT MAP SCALE: 1" =200' SYMBOL LEGEND: - EXISTING ZONE OF BENEFIT C_10 AREA - PARCELS BEING ANNEXED INTO ZONE OF BENEFIT

SERENA DR ETHEL DR MILLIE DR

WAYNE WY SERENA DR

EL MARGARITA RD SAN GIMIGNANO DR

BRYN MAWR DR

VIA ROMA WAY BRYAN WY SARAH CT SAN NICCOLO DR SOMBRA CT SERENA DR

BRYN MAWR DR

HOOPER RD

UNITY CT

SERENA CT

SOMBRA CT ETHEL DR

BILLIE KEITH WY SHEPHERD DR

ATTACHMENT 2

1 ENGINEER’S REPORT

YUBA CITY LIGHTING AND LANDSCAPE

MAINTENANCE DISTRICT
NO. 5

2022-2023
ZONE OF BENEFIT C_10
(Henson Ranch – Phase 1)

4 PART A

PLANS AND SPECIFICATIONS
YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 5 ZONE OF BENEFIT C_10
(Henson Ranch - Phase 1)
This is a maintenance district only -- no plans or specifications are required.

5 PART B

ESTIMATE OF ANNUAL COST OF MAINTENANCE
Yuba City Lighting and Landscape Maintenance District No. 5 Zone of Benefit C_10
(96 Parcels)
Basis of Calculation
Henson Ranch - Phase 1 TSM 21-01,

Background
The Henson Ranch - Phase 1 Development at Assessor’s Parcel Number (APN) 62-082-018 (previously 62-082-011, and portions of 62-082-009, 62-082-014 and 62-082-015), is requesting to be included into a Zone of Benefit, as required through their conditions of approval for Tentative Subdivision Map (TSM 21-01).

Based on the characteristics of Henson Ranch – Phase 1’s improvements, the best-fit option for an existing Zone of Benefit annexation would be the existing Zone of Benefit C_10.

The existing LLMD No. 5, Zone of Benefit C_10 was established in 2021 for the Hooper Ranch Estates Phase 2 subdivision, with a fee per parcel for the operation and maintenance costs associated with the street lighting, street trees, landscaping strips, planters, and irrigation systems, street end barricades and associated chain link fencing, detention ponds and associated slide gates, and any related appurtenances for the foregoing items. The fee per parcel for Zone of Benefit C_10 was determined based on annual maintenance costs for the aforementioned items associated with the Hooper Ranch Estates Phase 2 subdivision.

In order to determine what the assessment will be for these 96 parcels, the original assessment for Zone of Benefit C_10 will need to be increased to today’s dollars using the Consumer Price Index (CPI).

Analysis
The original estimate for annual maintenance costs in this Zone of Benefit was as follows:

Basis of Calculation
Hooper Ranch Estates Phase 2, TM 20-03, SM 20-03

Street Lighting (Residential)
Fixture Type: Cree LEDway Series Street Light, Type II Medium, 35 System Watts 3,000 min. initial delivered lumens @ 4,000 - 4,400K color temperature Calculation per fixture Total
Use = 35 watts @ 120-480V
PG&E LS-2 Rate 3/1/21: ($2.082/month + $0.207/month) × 12 months/year = $27.47 energy charge + facility charge

6 Fixture Cost
15 year life expectancy ($550/fixture /15years) = $36.67 Photocell Cost
2 Year Life Expectancy ($15/Photocell/2 years) = $7.50
Photocell Replacement Cost (Labor)
Use 1-hour replacement/maintenance in a 2-year period
Yuba City Public Works Department
1 Hour Electrician (1 × $185.47/hr)/2 years = $92.74
1 Hour Boom Truck (1 × $30.63/hr)/2 years = $15.32
Pole Replacement Cost
Pole Replacement Factor (.25% × $2,650/pole) = $6.63
Pole and Light Installation, Maintenance Cost (Labor)
Use 4-hour replacement / maintenance in a 15-year period Yuba City Public Works Department
4 Hours Electrician (4 × $185.47/hr)/15 years = $49.46
4 Hours Maintenance Worker II (4 × $91.76/hr)/15 years = $24.47 4 Hours Boom Truck (4 × $30.63/hr)/15 years = $8.17
4 Hours Flat Rack Dump Truck (4 × $22.42/hr)/15 years = $5.98 Subtotal one street light / year (2021 dollars) = $274.41 Subtotal three street lights/year (2021 dollars) ($163.88 × 3) = $823.23 Street End-Barricade Maintenance
Barricade Replacement Cost
Barricade Replacement Factor (.25% × $700/barricade × 2 barricades) = $3.50 (Includes costs for barricades and associated chain link fencing) 5-Year Maintenance/Upkeep Cost
Cost to cover painting and reflective sign replacement on 5-year basis OM4-1 End of Road Sign (2 × $50/sign)/5 years = $20.00
Yuba City Public Works Department
4 Hours Maintenance Worker II (4 × $91.76/hr)/5 years = $73.41 4 Hours City Work Truck (4 × 22.42/hr)/5 years = $17.94 Subtotal Street End-Barricade Maintenance = $114.85
Detention Pond Maintenance
Annual Pond Weed Abatement Cost
(11,044 SF × $0.012/SF) = $132.53
5-Year Maintenance/Upkeep for Slide Gate

7 Yuba City Public Works Department
4 Hours Maintenance Worker II (4 × $91.76/hr)/5 years = $73.41 4 Hours City Work Truck (4 × 22.42/hr)/5 years = $17.94 Subtotal Annual Detention Pond Maintenance = $223.88
Landscape Maintenance
Shepherd Drive
Parkway Strip and Planter Annual Maintenance (1,707 SF × $0.34/SF) = $580.38 Hooper Road
Parkway Strip Annual Maintenance (558 SF × $0.34/SF) = $189.72 Subtotal Annual Landscape Maintenance = $770.10
Subtotal Annual Cost of Maintenance = $1,932.06
10 % Administration = $193.21
Subtotal Assessment = $2,125.27
Per Lot Assessment (21 Lots) = $ 101.20
The above calculations show the original annual cost for maintenance per parcel ($101.20) for Zone of Benefit C_10. The below tables show the CPI and Multipliers for January of 2011, and January of 2022:

Consumer Price Index
Year Consumer Price Index Multiplier
January 2021 261.582 1.000
January 2022 281.148 1.075
In order to bring the 2021 per parcel assessment into January 2022 dollars, the CPI multiplier will be used.

Established Rate Per Parcel in 2021 = $101.20
CPI Multiplier (1.075) = $108.79
10 % Administration (Included in Original Per Parcel Rate) = $0.00 Per Lot Assessment = $108.79
Total Assessment (96 Lots) = $10,443.84

8 PART C

ASSESSMENT ROLL
Yuba City Lighting and Landscape Maintenance District No. 5 ZONE OF BENEFIT C_10
(Henson Ranch - Phase 1)
Assessment # Assessor’s # Amount of Assmt.
1-96 62-430-TBD $ 108.79

9 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Yuba City Lighting and Landscape Maintenance District No. 5 Zone of Benefit C_10
(Henson Ranch - Phase 1)
All areas within the LLMD will share equally in the maintenance costs of the street lighting, street trees, landscaping strips, planters, and irrigation systems, street end barricades and associated chain link fencing, detention ponds and associated slide gates, and any related appurtenances for the foregoing items, within the original “Engineer’s Report, Yuba City Lighting and Landscape District No. 5, Zone of Benefit C_10, Hooper Ranch Estates Phase 2”.

The area requesting annexation into District 5, Zone of Benefit C_10 includes:

Henson Ranch - Phase 1 (TSM 21-01), on Assessor’s Parcel Number 62-082-018 (previously 62-082-011, and portions of 62-082-009, 62-082-014 and 62-082-015), located north of North Colusa Frontage Road, east of Hooper Road, and west of El Margarita Road. The subject parcels are to be split into 96 parcels. In addition to the aforementioned improvements, funds from this annexation will also cover costs for maintenance and replacement of hardscaping, stormceptor, as well as weed control.

The proposed assessments upon assessable lots and parcels of land within the assessment district shall be adjusted annually on each January 1 to reflect changes from January of the previous year to January of the current year of the “All Urban Consumers” Consumer Price Index, US City Average, as compiled by the United States Department of Labor, Bureau of Labor Statistics.

A 10% administration charge was factored into the original assessment in order to cover the cost to administer the District.

Consumer Price Index
Year Consumer Price Index Multiplier
January 2021 261.582 1.000
January 2022 281.148 1.075

10 PART E

ASSESSMENT DIAGRAM
Yuba City Lighting and Landscape Maintenance District No. 5 ZONE OF BENEFIT C_10
(Domain Estates – Unit 3)

LOT 1LOT 2LOT 3LOT 4LOT 5 LOT 7LOT 8LOT 9LOT 10LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 18
LOT 17
LOT 20
LOT 19
LOT 22
LOT 23LOT 24LOT 25LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32LOT 33 LOT 43 LOT 42 LOT 41 LOT 40 LOT 39 LOT 38 LOT 37 LOT 36 LOT 35LOT 34 LOT 55LOT 54 LOT 53 LOT 52 LOT 51 LOT 50 LOT 49LOT 48LOT 47LOT 46LOT 45 LOT 44 LOT 85
LOT 84
LOT 83
LOT 82
LOT 81
LOT 80
LOT 79
LOT 78
LOT 77
LOT 76
LOT 74 LOT 75
LOT 70
LOT 69
LOT 68
LOT 67
LOT 66
LOT 65
LOT 59
LOT 64
LOT 56
LOT 63
LOT 62
LOT 61
LOT 96
LOT 95
LOT 94
LOT 93
LOT 92
LOT 91
LOT 90
LOT 89
LOT 88
LOT 87
LOT 86
LOT 21
LOT 60
LOT 58
LOT 71
LOT 6
LOT 72
LOT 57 LOT 73
HENSON RANCH - PHASE 1

LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT No. 5
ZONE OF BENEFIT C_10

SUBJECT
AREA
SCALE: 1" = 400'
STATE ROUTE 20 HOOPER RD HARTER PKWY

AREA TO

BE ADDED EL MARGARITA RD

11 10 9 8 7 6 5 4 3 2 1 21 131214 15 16 17 18 1920 DRIVEWAY LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 18 LOT 17 LOT 20 LOT 19 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31LOT 32 LOT 33 LOT 43 LOT 42 LOT 41LOT 40 LOT 39 LOT 38 LOT 37 LOT 36 LOT 35 LOT 34 LOT 55 LOT 54 LOT 53 LOT 52 LOT 51LOT 50 LOT 49 LOT 48 LOT 47 LOT 46 LOT 45 LOT 44 LOT 85 LOT 84 LOT 83 LOT 82 LOT 81 LOT 80 LOT 79 LOT 78 LOT 77 LOT 76 LOT 74 LOT 75 LOT 70 LOT 69 LOT 68 LOT 67 LOT 66 LOT 65 LOT 59 LOT 64 LOT 56 LOT 63 LOT 62 LOT 61 LOT 96 LOT 95 LOT 94 LOT 93 LOT 92 LOT 91 LOT 90 LOT 89 LOT 88 LOT 87 LOT 86 LOT 21 LOT 60 LOT 58 LOT 71 LOT 6 LOT 72 LOT 57 LOT 73 LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT No. 5, ZONE OF BENEFIT C_10 NEW AREA FOR ZONE OF BENEFIT MAP SCALE: 1" =200' SYMBOL LEGEND: - EXISTING ZONE OF BENEFIT C_10 AREA - PARCELS BEING ANNEXED INTO ZONE OF BENEFIT

SERENA DR ETHEL DR MILLIE DR

WAYNE WY SERENA DR

EL MARGARITA RD SAN GIMIGNANO DR

BRYN MAWR DR

VIA ROMA WAY BRYAN WY SARAH CT SAN NICCOLO DR SOMBRA CT SERENA DR

BRYN MAWR DR

HOOPER RD

UNITY CT

SERENA CT

SOMBRA CT ETHEL DR

BILLIE KEITH WY SHEPHERD DR

ATTACHMENT 3

YC HOOPER VENTURES, LLC
ADDRESS: 4624 DUCKHORN DRIVE | SACRAMENTO | CA | 95834
EMAIL: [email protected] |
[email protected] | [email protected] PHONE: (530) 329-4356 | (214) 796-6108 | (530) 682-6686 Kevin Bradford
City of Yuba City
Public Works Department
1201 Civic Center Boulevard
Yuba City, CA 95993
Subject: Henson Ranch – Phase 1
Lighting and Landscape Maintenance District Assessment Formation Dear Mr. Bradford:

We are the owners/representatives of the property designated as Henson Ranch – Phase 1, which is described as Assessor Parcel Number (APN): 62-082-018 (previously 62-082-011, and portions of 62-082-009, 62-082-014 and 62-082-015), located north of North Colusa Frontage Road, east of Hooper Road, and west of El Margarita Road. The subject parcel is to be split into 96 parcels.

The subject property has been conditioned to request for the formation of a Lighting and Landscape Maintenance District, Zone of Benefit, as requested by the City, prior to the final map being filed.

Pursuant to Section 22608 of the Streets and Highways Code, we are waiving any resolutions, report, notices of hearing, and right of majority protest regarding the annexation of the subject property described above into Lighting and Landscape Maintenance District 5, Zone of Benefit C_10. I also acknowledge and agree that the subject property will be subject to a levy of an initial assessment in the amount of $10,443.84 per year ($108.79 per parcel, per year) as may be adjusted by a levy of annual assessments per Streets and Highways Code Section 22620 et seq.

It is hereby certified that the below signatures are that of the individuals authorized to sign on behalf of APN 62-082-018. If you have any questions, please call Mike Singh at (530) 682-6686.

Sincerely,
___________________________ ____________
Manjit Mike Singh Date
Also known as Manjit Singh Pabla, Manjit Singh, and Mike Singh YC Hooper Ventures, LLC
A California Limited Liability Company
8/29/2022

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_15 (769 Garden Highway)
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering annexation of the parcel associated with the 769 Garden Highway Development, APN 53-400-080 into the existing Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_15 and establishing a levy of assessments for the annexed territory Fiscal Impact: $56.15 per lot, $56.15 total annual revenue, with an inflation index Purpose:

To fund the ongoing operation, maintenance, and administration of street lighting.

Council Strategic Goal:

Annexing this subdivision into a Lighting and Landscape Maintenance District (LLMD) addresses the City Council’s Strategic Goal of maintaining infrastructure, as the LLMD will ensure that street lighting is maintained and operational
Background:

The existing LLMD No. 6, Zone of Benefit B_15 was established in 2019 for the Recycling Industries development, with a fee per parcel for the operation and maintenance costs associated with street lighting. The fee per parcel for Zone of Benefit B_15 was determined based on annual maintenance costs for the street lighting associated with the Recycling Industries development.

Currently the 769 Garden Highway development at Assessor’s Parcel Number (APN) 53-400-080 is requesting to be included into this Zone of Benefit, to satisfy conditions of their Building Permit. In order to determine what the assessment will be for this parcel, the original assessment for Zone of Benefit B_15 will need to be increased to today’s dollars using the Consumer Price Index (CPI).

The City has created and modified several LLMDs to encompass a number of commercial projects and subdivisions over the past few years. The process of annexing to an existing District consists of

adopting multiple City Council Resolutions, holding Public Hearings, and observing rights of majority protests.

Analysis:

The Public Notice procedure can be waived and an expedited process can be substituted at the request of the property owners requesting to be annexed into the District. The authorized representatives of the 769 Garden Highway Development have requested to waive the Public Hearing proceedings, which has allowed the City to utilize the expedited process in order to annex the parcel associated with the 769 Garden Highway Development into the existing LLMD No. 6, Zone of Benefit B_15.

The expedited process consists of the City Council holding a Public Hearing for the annexation of the new area into the existing Zone of Benefit, adopting a single Resolution which confirms and orders the annexation of the new territory into the existing Zone of Benefit and ordering a levy of assessments for said Zone of Benefit. The levy amounts have been established by City staff through the creation of an Engineer’s Report for the Zone of Benefit. The Engineer’s Report contains a detailed estimate of annual costs to energize and maintain the streetlights within the Zone of Benefit (Attachment 2).

Once the Resolution has been adopted, the City will file the Engineer’s Report with the City Clerk. The information will then be provided to the Sutter County Auditor-Controller so that the properties can be assessed accordingly.

Fiscal Impact:

Revenue from the assessed parcel is to be used to provide maintenance services and district administrative costs. The Engineer’s Report for the Yuba City Lighting and Landscape Maintenance District No. 6 Zone of Benefit B_15 has determined that the annual assessed amount for the parcels being annexed into the Zone of Benefit is $56.15 per lot, or $56.15 total annually, and is subject to an annual inflation increase.

Alternatives:

1. Do not adopt the following Resolution and fund the operation and maintenance of the streetlights, and maintain said streetlights from alternative sources.

2. Direct staff to begin the typical longform Lighting and Landscape Maintenance District annexation procedure.

Recommendation:

A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering annexation of the parcel associated with the 769 Garden Highway Development, APN 53-400-080 into the existing Yuba City Lighting and Landscape Maintenance District No. 6, Zone of Benefit B_15 and establishing a levy of assessments for the annexed territory
Attachments:

1. Attachment 1 - Resolution 6 B_15 with Exhibits

2. Attachment 2 - Engineer's Report 6 B_15

3. Attachment 3 - Waive Public Hearing 6 B_15
Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY CONFIRMING AND ORDERING ANNEXATION OF THE PARCEL ASSOCIATED WITH THE 769 GARDEN HIGHWAY DEVELOPMENT, APN 53-400-080, INTO THE EXISTING YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 6, ZONE OF BENEFIT B_15 AND ESTABLISHING A LEVY OF ASSESSMENTS FOR THE

ANNEXED TERRITORY
WHEREAS, the City of Yuba City, pursuant to the provisions of the Lighting and Landscaping Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), previously established Yuba City Lighting and Landscape Maintenance District (“District”) No. 6, and has levied and collected the annual assessments for said District No. 6; and
WHEREAS, assessments levied within the District provide revenue for the purpose of financing the maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streetlights, street trees, landscaping materials, and irrigation systems; and WHEREAS, certain property owners have requested their property to be annexed into District No. 6, Zone of Benefit b_15; and
WHEREAS, in annexation proceedings, the resolutions, report, notices of hearing, and right of majority protest shall be waived with the written consent of all of the owners of property within the territory to be annexed, and mailed notice may be dispensed with as to all property owners who shall have filed a written request for the annexation of their property; and
WHEREAS, pursuant to Section 22608 of the Streets and Highways Code, the property owners have provided written consent waiving such items, and acknowledging the amount of levy and collection of assessments; and
WHEREAS, the resolutions, report, notices of hearing, right of majority protest, and mailed notice have been properly waived; and
WHEREAS, the City Council desires to annex the territory of the property owners to existing assessment District No. 6; designate the portion of the annexed territory into existing District No. 6 Zone of Benefit B_15, and set the levy and collection of assessments against the assessable lots and parcels of land for that portion of territory.

NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

Section 1. The above recitals are true and correct, and are hereby incorporated herein by this reference.

Section 2. The City Council finds that the hearing on said annexation of territory and levy of assessment was held in accordance with law and all persons desiring to speak were heard, and that there was no majority protest by the property owners of the same.

Section 3. The City Council orders the territory identified in Exhibit “B” is annexed into existing assessment district Yuba City Lighting and Landscape Maintenance District No. 6 (“District”), Zone of Benefit B_15.

Section 4. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within Zone of Benefit B_15 of the existing assessment district designated “Yuba City Lighting and Landscape Maintenance District No. 6” pursuant to the provisions of the Act, for the remainder of the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay for the costs and expenses of the improvements for Zone of Benefit B_15, at the assessment rate(s) set forth in Exhibit “A.”
Section 5. The City Council hereby determines that the territory within Zone of Benefit B_15 of the District, whose boundaries are set forth in Exhibit “B,” will be the territory benefited by the maintenance and servicing of the improvements.

Section 6. The City Council hereby orders the levy of the assessments described in said Exhibit “A.”
Section 7. The City Council finds that the assessment diagram showing Zone of Benefit B_15 of the District, and also the subdivision of land within the District, as contained in Exhibit “B,” be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements for that portion of the District.

Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Sutter County Auditor-Controller no later than September 9th, 2022.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 6th day of September 2022.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):

Exhibit A – Assessment Roll
Exhibit B – Vicinity Map
Exhibit C – Existing Zone of Benefit Map

EXHIBIT A

7 PART C

ASSESSMENT ROLL
Yuba City Lighting and Landscape Maintenance District No. 6 ZONE OF BENEFIT B_15
(769 Garden Highway)
Assessment # Assessor’s # Amount of Assmt.
1 53-400-080 $ 56.15

EXHIBIT B

769 GARDEN HIGHWAY

LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT No. 6
ZONE OF BENEFIT B_15

SUBJECT
AREA
SCALE: 1" = 400'

LINCOLN RD GARDEN HWY

WINSHIP RD

AREA TO

BE ADDED

WINSHIP CT RAILROAD AVE

EXHIBIT C

LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT No. 5, ZONE OF BENEFIT B_15 NEW AREA FOR ZONE OF BENEFIT MAP SCALE: 1" =400' SYMBOL LEGEND: - EXISTING ZONE OF BENEFIT B_15 AREA - PARCELS BEING ANNEXED INTO ZONE OF BENEFIT

ATTACHMENT 2

1 ENGINEER’S REPORT

YUBA CITY LIGHTING AND LANDSCAPE

MAINTENANCE DISTRICT
NO. 6

2022-2023
ZONE OF BENEFIT B_15
(769 Garden Highway)

4 PART A

PLANS AND SPECIFICATIONS
YUBA CITY LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 6 ZONE OF BENEFIT B_15
(769 Garden Highway)
This is a maintenance district only -- no plans or specifications are required.

5 PART B

ESTIMATE OF ANNUAL COST OF MAINTENANCE
Yuba City Lighting and Landscape Maintenance District No. 6 Zone of Benefit B_15
(1 Parcel)
Basis of Calculation
Henson Ranch - Phase 1 TSM 21-01,

Background
The 769 Garden Highway Development at Assessor’s Parcel Number (APN) 53- 400-080 is requesting to be included into a Zone of Benefit, as required through their plan check requirements for their building permit. Based on the characteristics of 769 Garden Highway’s improvements, the best-fit option for an existing Zone of Benefit annexation would be the existing Zone of Benefit B_15.

The existing LLMD No. 6, Zone of Benefit B_15 was established in 2019 for the Recycling Industries Development, with a fee per parcel for the operation and maintenance costs associated with street lighting. The fee per parcel for Zone of Benefit B_15 was determined based on annual maintenance costs for the aforementioned items associated with the Recycling Industries development.

In order to determine what the assessment will be for this parcel, the original assessment for Zone of Benefit B_15 will need to be increased to today’s dollars using the Consumer Price Index (CPI).

Analysis
The original estimate for annual maintenance costs in this Zone of Benefit was as follows:

Basis of Calculation
Hooper Ranch Estates Phase 2, TM 20-03, SM 20-03

Street Lighting (Collector/Arterial)
Fixture Type: Cree LEDway Series Street Light, Type II Medium, 66 System Watts 4,750 min. initial delivered lumens @ 4,000 - 4,400K color temperature Calculation per fixture Total
Use = 66 watts @ 120-480V

PG&E LS-2 Rate 7/1/19: ($4.048/month + $0.207/month) *12 months/year =$ 51.06 energy charge + facility charge

Fixture Cost
15 year life expectancy ($505 / 15years) = =$ 33.67
Pole Replacement Cost
Pole Replacement Factor (.25% * $2,000) = =$ 5.00

6 Installation, Maintenance Cost
Use 4 hour replacement / maintenance in a 15 year period Yuba City Public Works Department
Electrical Maintenance – Fully Burdened with Boom Truck FY 18/19 4 Hours Electrician (4 * $138.88/hr)/15years =$ 37.03
4 Hours Boom Truck (4 * $30.63/hr)/15 years =$ 8.17

Subtotal one street light / year (2019 dollars) =$134.93

Fixture
CPI multiplier (1.016) $ 137.09
10% Administration = $ 13.71
Subtotal Assessment =$150.80
Per Lot Assessment (3 Lots) =$ 50.27
The above calculations show the original annual cost for maintenance per parcel ($50.27) for Zone of Benefit B_15. The below tables show the CPI and Multipliers for January of 2019, and January of 2022:

Consumer Price Index
Year Consumer Price Index Multiplier
January 2019 251.712 1.000
January 2022 281.148 1.117
In order to bring the 2019 per parcel assessment into January 2022 dollars, the CPI multiplier will be used.

Established Rate Per Parcel in 2019 = $50.27
CPI Multiplier (1.117) = $56.15
10 % Administration (Included in Original Per Parcel Rate) = $0.00 Per Lot Assessment = $56.15

7 PART C

ASSESSMENT ROLL
Yuba City Lighting and Landscape Maintenance District No. 6 ZONE OF BENEFIT B_15
(769 Garden Highway)
Assessment # Assessor’s # Amount of Assmt.
1 53-400-080 $ 56.15

8 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Yuba City Lighting and Landscape Maintenance District No. 6 Zone of Benefit B_15
(769 Garden Highway)
All areas within the LLMD will share equally in the maintenance costs of the street lighting within the original “Engineer’s Report, Yuba City Lighting and Landscape District No. 6, Zone of Benefit B_15, Recycling Industries”.

The area requesting annexation into District 6, Zone of Benefit B_15 includes: 769 Garden Highway, on Assessor’s Parcel Number 53-400-080.

The proposed assessments upon assessable lots and parcels of land within the assessment district shall be adjusted annually on each January 1 to reflect changes from January of the previous year to January of the current year of the “All Urban Consumers” Consumer Price Index, US City Average, as compiled by the United States Department of Labor, Bureau of Labor Statistics.

A 10% administration charge was factored into the original assessment in order to cover the cost to administer the District.

Consumer Price Index
Year Consumer Price Index Multiplier
January 2019 251.712 1.000
January 2022 281.148 1.117

9 PART E

ASSESSMENT DIAGRAM
Yuba City Lighting and Landscape Maintenance District No. 6 ZONE OF BENEFIT B_15
(769 Garden Highway)

769 GARDEN HIGHWAY

LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT No. 6
ZONE OF BENEFIT B_15

SUBJECT
AREA
SCALE: 1" = 400'

LINCOLN RD GARDEN HWY

WINSHIP RD

AREA TO

BE ADDED

WINSHIP CT RAILROAD AVE

LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT No. 5, ZONE OF BENEFIT B_15 NEW AREA FOR ZONE OF BENEFIT MAP SCALE: 1" =400' SYMBOL LEGEND: - EXISTING ZONE OF BENEFIT B_15 AREA - PARCELS BEING ANNEXED INTO ZONE OF BENEFIT

ATTACHMENT 3

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Brian Baker, Police Chief
Summary
Subject: Revised Lateral Police Officer and Lateral Dispatcher Recruiting Incentive Program
Recommendation: Adopt a Resolution authorizing a revised Lateral Officer and Lateral Dispatcher Recruiting Incentive Program
Fiscal Impact: No additional costs are associated with the increased incentive to the recruiting incentive program which is already in place. The increase in the program will be funded by salary savings out of the General Fund from existing vacancies within the police department and savings from the Police Academy Cadet account 2140-65103. There are no other anticipated impacts to the City’s General Fund.

Purpose:

To maintain the Police Officer staffing level at the Police Department in a very competitive market, by offering incentives to encourage highly qualified lateral officers and lateral dispatchers to apply for employment with the Yuba City Police Department.

Council Priority
Public Safety.

Background:

Over the past few years, it has become increasingly difficult to hire qualified lateral police officers and dispatchers throughout the country. In an effort to hire qualified candidates, in September 2016, the Police Department implemented a Lateral and Academy Graduate Recruiting Incentive Program, updated and revised the program in July 2021 in an effort to make it more effective, and in September 2020, implemented a Lateral Dispatcher Recruiting Incentive Program. Details related to each program are as follows:

Lateral and Academy Graduate Recruiting Incentive Program  Referral Incentive of $2,500 for Lateral Officer
 Hiring Incentive of $15,000 for Lateral Officer plus initial bank of 40 hours of sick leave

 Hiring Incentive of $5,000 for Academy Graduate Officer Lateral Dispatcher Recruiting Incentive Program
 Referral Incentive of $2,500 for Lateral Dispatcher
 Hiring Incentive of $10,000 for Lateral Dispatcher plus initial bank of 40 hours of sick leave The Yuba City Police Department is approaching a level of concern in regards to police officer staffing at this time. Within the past 9 months, the department has seen 2 officers resign, 1 to seek employment in the private sector and 1 with a state agency. We currently have 5 Police Recruits in the Field Training Program, and 1 lateral officer in the hiring process. There are currently 6 open positions in the police officer classification and there is anticipated pending retirement of 4 officers by the Spring of 2023. This would put the department at ten vacancies, which would put staffing at a critical level. Hiring only Police Recruits to fill these vacancies would greatly diminish the experience level in our Patrol Division.

The Police Department has three options when it comes to hiring potential Police Officers.

1. Hire recruits with no experience and sponsor them fully through the academy. This is the least expedient option, with a typical time frame of over a year from job announcement to end of the field training program where the officer is functioning in a solo capacity. The approximate salary with benefits of a police recruit to get through the police academy and the associated field training program is $69,608. The cost of the police academy, which is paid for by the City, including uniforms and equipment is approximately $10,000, plus a housing stipend while attending the academy of approximately $3,000. This brings the total cost to $82,608 to complete the police academy and field training program. In this scenario, these costs would have already been paid and the recruit would just be approaching the level of a solo officer.

Since 01/01/2015, the department has hired 39 recruit police officers inclusive of the five that are currently in the field training program. Seventeen of those hires are still with the department (this does not include the five in the field training program). Seventeen police recruits are no longer with the organization, all but two of those hires were released from the field training program or on probation.

2. Hire an officer during or upon completion of the police academy. This is the most problematic option. Most academies are filled by sponsored cadets (already hired by an agency), which leaves a limited field to choose from for potential officers. Most police academies are run through the California Junior College system, with only two academies being conducted a year.

There are very few candidates per class, and the best candidates are very often hired immediately upon the initiation of the new class. This is the most difficult and least successful option.

3. Hire lateral officers. Hiring officers that currently work for other agencies and have successfully completed a probationary period. We continue to have a limited success rate; currently we have one lateral officer in the hiring process. With some changes to the recruiting incentive for lateral officers, this will be the fastest option from hire to having an officer on the street within two to three months in a solo capacity with minimal supervision. The estimated investment with all available benefits and the proposed $45,000 hiring incentive for a lateral officer from the point of hire, to operating as a solo officer is estimated at $62,018. This is a savings of $20,590.

A recent survey evaluating recruiting incentives for lateral officers from other Northern California agencies are as follows:

Redding PD $40,000
Paradise PD $40,000
Chico PD $10,000
Yuba County SO $10,000
Dixon PD $30,000
Fairfield PD $20,000
Vacaville PD $20,000
Scotts Valley PD $40,000
Yuba City comes in at a $15,000 lateral officer hiring incentive.

Lateral incentives are currently in place in numerous agencies throughout California. Some agencies provide a moving expense offset, a financial incentive for the lateral applicant, a financial incentive for the recruiting employee, a vacation bank leave bonus, or a sick leave bank leave bonus. Most agencies offering a bonus, offer a combination of the above items. The bonuses vary throughout the state with some incentives as low as $400 and others as high as $40,000. Other bonuses offered include free initial uniform costs, and transferring sick leave banks from their previous agencies (absent a payout).

Attracting qualified dispatchers is a problem that is not unique to the Yuba City Police Department, but rather regionally and across the State of California. The City of Chico has recently implemented a lateral dispatcher hiring incentive of $20,000. While the police department currently has a $10,000 lateral dispatcher hiring incentive, it has not proven to be successful. In the past 12 months the department has hired 2 lateral dispatchers and only 1 is still employed. Lateral dispatchers bring an experience level to the organization that can take entry level hires between 12 to 18 months to attain. Due to the current staffing levels in the dispatch center, hiring only entry level applicants would greatly diminish the experience level in our dispatch center. It is important to remember that while housed in the police department the dispatch center handles both police and fire related calls in the City of Yuba City.

Analysis:

To increase recruitment opportunities, the proposed program for the City of Yuba City would provide the following:

Proposed Lateral and Academy Graduate Recruiting Incentive Program  Referral Incentive of $2,500 for Lateral Officer – The City would compensate City employees who refer ultimately successful recruits for these positions with two payments:
the first payment of $1,250 would be made upon the City’s hiring of the lateral officer and the remaining $1,250 would be made when the new employee successfully completes probation. Human Resources staff, the City Manager, Department Directors, the City Attorney, the Mayor and Councilmembers would not be eligible for the referral incentive. A lateral officer candidate would be able to identify only one employee eligible for a referral incentive, and it must be done with Human Resources at initial hiring.  Hiring Incentive of $45,000 for Lateral Officer - Paid to a lateral officer who successfully completes the hiring process with the City of Yuba City. The incentive would be paid in four payments as follows: $12,500 upon hiring, $10,000 upon successful completion of the field training program, an additional $12,500 upon successful completion of 18 months of employment with the City of Yuba City, and an additional $10,000 upon successful

completion of 36 months of employment with the City of Yuba City  A lateral officer, upon successful hiring would also be given an initial bank of 40 hours of sick leave.
 Hiring Incentive of $5,000 for an Academy Graduate Officer - Paid to an academy graduate officer who successfully completes the hiring process with the City of Yuba City. The incentive would be paid in two payments. The first payment of $2,500 would be made upon the successful hiring of the candidate. The second payment would be upon the successful completion of the field training program.

Proposed Lateral Dispatcher Recruiting Incentive Program  Referral Incentive of $2,500 for Lateral Dispatcher - The City would compensate City employees who refer ultimately successful recruits for these positions with two payments:
the first payment of $1,250 would be made upon the City’s hiring of the lateral dispatcher and the remaining $1,250 would be made when the new employee successfully completes probation. Human Resources staff, the City Manager, Department Directors, the City Attorney, the Mayor and Councilmembers would not be eligible for the referral incentive. A lateral dispatcher candidate would be able to identify only one employee eligible for a referral incentive, and it must be done with Human Resources at initial hiring.  Hiring Incentive of $22,500 for Lateral Dispatcher - New lateral Dispatchers will receive:
$7,500 upon hiring, $5,000 upon successful completion of the dispatch training program, an additional $5,000 upon successful completion of 18 months of employment with the City of Yuba City, and an additional $5,000 upon successful completion of 36 months of employment with the City of Yuba City. Staff is proposing to make the increased lateral dispatch hiring incentive to May 1,2022. This will impact one lateral dispatcher that was hired on May 15,2022, and recently cleared the training program.  A lateral dispatcher, upon successful hiring, would also be given an initial bank of 40 hours of sick leave.

Fiscal Impact:

The estimated investment in hiring officer recruits and sponsoring them through the academy is approximately $82,600. With the proposed $45,000 hiring incentive for a lateral officer, the estimated cost to get the officer to the point that they can operate as a solo officer is $62,000, resulting in a net savings of approximately $20,600. The increase in the lateral dispatcher hiring incentive will cost the City $12,500 more per dispatcher. However, there is sufficient salary savings in the Police Department budget to absorb the increase.

Alternatives:

Do not adopt the Resolution or provide staff with direction to amend the recommendation.

Recommendation:

Adopt a Resolution authorizing a revised Lateral Officer and Lateral Dispatcher Recruiting Incentive Program.

Attachment:

1. Resolution
Attachments:

1. Lateral Recruiting Incentives Final Resolution September 2022.doc Prepared By: Submitted By:

Brian Baker
Chief of Police
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING A REVISED LATERAL OFFICER AND LATERAL DISPATCHER

RECRUITING INCENTIVE PROGRAM
WHEREAS, the City Council has determined that in order to effectively address current challenges faced by the Yuba City Police Department with recruitment and hiring of Police Officers and Dispatchers, the revised Lateral Officer and Lateral Dispatcher Recruiting Incentive Program should be adopted; and
WHEREAS, a referral incentive will encourage current City employees to recommend qualified candidates to apply for lateral officer and dispatcher positions that have been difficult to fill; and WHEREAS, a hiring incentive will encourage lateral officer and lateral dispatch candidates to accept positions with the Yuba City Police Department.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Yuba City adopts the revised Lateral Officer and Lateral Dispatcher Recruiting Incentive Program as follows:

1. An eligible City employee who refers a candidate for a lateral Police Officer or lateral Dispatcher positions will receive $1,250 upon hiring of the candidate and additional $1,250 upon the new employee’s successful completion of the probationary period.

2. New lateral Police Officers will receive $12,500 upon hiring, $10,000 upon successful completion of the field training program, an additional $12,500 upon successful completion of 18 months of employment with the City of Yuba City, and an additional $10,000 upon successful completion of 36 months of employment with the City of Yuba City

3. New lateral Dispatchers will receive: $7,500 upon hiring, $5,000 upon successful completion of the dispatch training program, an additional $5,000 upon successful completion of 18 months of employment with the City of Yuba City, and an additional $5,000 upon successful completion of 36 months of employment with the City of Yuba City.

4. New lateral Police Officer and lateral Dispatcher hires will receive 40 hours of sick leave placed in their leave bank upon being hired.

5. For the purposes of this program, a lateral Police Officer is defined as a current or former California Peace Officer in good standing the California Commission on Peace Officer Standards and Training (POST) and who possesses a valid POST police academy certificate and a POST Basic Peace Officer certificate.

6. For the purposes of this program, a lateral dispatcher is defined as a current or former dispatcher in good standing the California Commission on Peace Officer Standards and Training (POST) and who has at least one year of dispatcher experience. Experience gained as a dispatcher in another State in the United States will be evaluated on a case by case basis and a determination will be made

by the department if that person meets the standards of that of a lateral dispatcher as described above.

7. The Officer Recruiting Incentive program applies to lateral officers hired on or after this resolution is successfully passed.

8. The Lateral Dispatch Recruiting Incentive program applies to lateral Dispatchers hired on or after May 1,2022.

9. The City Manager is authorized to administer this program.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 6th day of September 2022.

AYES:

NOES:

ABSENT:
_____________________
Dave Shaw, Mayor
ATTEST:
_______________________
Ciara Wakefield, City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
By____________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: James Runyen, Police Commander
Summary
Subject: Purchase of Lenco BearCat Armored Vehicle
Recommendation: A. Adopt a Resolution authorizing the purchase of one (1) Lenco Bearcat from Lenco Instustires Inc. of Pittsfield, MA, in the amount of $326,584.63, with the finding that it is in the best interest of the City
B. Authorize the Finance Director to utilize Fiscal Year 22/23 Budget-approved one-time use funds from account 6610-69401 for the purchase of one (1) Lenco Bearcat in the amount of $155,000. Authorize the Finance Director to utilize COPS grant funds from account 2180-69401 in the amount of $171.848.63 for the remaining balance of the purchase price
Fiscal Impact: $155,000 - Account No. 6610-69410 (Vehicle Replacement Fund) $171,848.63 - Account No. 2180-69401 (COPS Grant)
Purpose:

Purchase of one (1) Lenco BearCat armored vehicle for the Yuba City Police Department for use during critical incidents.

Council Priority:

Public Safety
Background:

The Police Department would like to purchase a Lenco Bearcat armored vehicle. The Department currently utilizes a Peace Keeper and MRAP armored vehicle that were obtained through the 10-33 program for obtaining surplus military equipment. The Peace Keeper was made in the 1980’s and does not have ballistic protection consistent with current threats officers face. This vehicle is also costly to maintain due to its age and is often unreliable. The MRAP was designed for military operations in the Middle East. While it offers ballistic protection, it has proven costly to maintain, it is militaristic in appearance, and not suitable in many operations due to the size of the vehicle. This vehicle also requires a class B license, which prohibits the majority of staff from driving. Recent legislation, such as AB 481, and consistent scrutiny of the 10-33 program, has placed a spotlight on municipal jurisdictions that are using these pieces of equipment originally designed for the military.

The Lenco Bearcat is specifically designed for police operations, offering the necessary safety features and protection while having a less militaristic appearance. These vehicles can be customized to meet our specific needs. The regional approach to our SWAT team has proven successful, but each agency has the need to maintain their own equipment. This armored vehicle, due to its smaller stature and ease of operation, can be utilized by patrol officers should the need arise for a quick deployment during an emergency. Offering protection and the ability to extract injured officers or citizens in a timely manner during an active shooter or mass casualty incident is a benefit this vehicle would offer as compared to our current vehicles. Additionally, the cost of maintaining one newer vehicle versus two aged vehicles is a significant savings on a yearly basis.

Analysis:

Lenco Inidustires Inc. is the sole source manufacturer for the Lenco Bearcat or equivalent. A purchase directly from Lenco guarantees the lowest possible price. Lenco is the industry standard in the manufacturing of armored vehicles for municipal law enforcement agencies across the country. Many local jurisdictions use Lenco armored vehicles and an analysis was done by police department staff to assure the quality and purpose meets the needs of our department. Lenco Armored Vehicles customizes each vehicle, allowing each department to choose only options that are needed to save costs.

The longevity of a Lenco Armored Vehicle is 20 years or more, according to the company. The vehicles utilize common parts and engines used in other commercial vehicles produced in the United States. Additionally, Lenco has the ability to refurbish parts of the vehicle, prolonging the lifespan of the vehicle. The current armored vehicles the police department is using are outdated military vehicles that are costly to repair and find parts for. Purchasing a vehicle specifically built for our needs will be a more reliable and practical solution than maintaining two (2) outdated armored vehicles that are costly for repairs and militaristic in appearance.

Fiscal Impact:

The quoted price from Lenco plus sales tax totals $326,584.63. $155,000 will be utilized from the vehicle replacement fund (6610-69410) and the remaining balance will be paid out of the COPS Grant (2180-69415) in the amount of $171,848.63.

Alternatives:

Do not purchase an armored vehicle.

Recommendations:

A. Adopt a Resolution for the purchase of one (1) Lenco Bearcat from Lenco Industries Inc. of Pittsfield, MA, in the amount of $326,584.63, with the finding that it is in the best interest of the City.

B. Authorize the Finance Director to utilize Fiscal Year 22/23 Budget-approved one-time use funds from account 6610-69401 for the purchase of one (1) Lenco Bearcat in the amount of $155,000. Authorize the Finance Director to utilize COPS grant funds from account 2180-69401 in the amount of $171.848.63 for the remaining balance of the purchase price.

Attachments:

1. Attachment A Bearcat resolution

2. Attachment B Bearcat Quote

3. Attachment C Bearcat Sole Source

Prepared By: Submitted By:

Jim Runyen
Police Commander
Diana Langley
City Manager

Agenda Item__2022-861__

ATTACHMENT A

RESOLUTION NO. _2022-861_

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

AUTHORIZING THE PURCHASE OF A LENCO BEARCAT ARMORED
VEHICLE FROM LENCO INDUSTRIES INC. FOR THE YUBA CITY POLICE

DEPARTMENT
WHEREAS, the Yuba City Police Department currently utilizes armored vehicles from prior military use through the 10-33 program; and
WHEREAS, the purchase of a Lenco Bearcat would meet the specific needs for the police department, be less costly in repair, and be less militaristic in appearance; and WHEREAS, the Lenco Bearcat is used by neighboring agencies as the top choice in armored vehicles, meeting specific mission demands for the Yuba City Police Department in a product already familiar to our agency; and
WHEREAS, Lenco Industries Inc. is the sole manufacturer of Lenco Bearcats and the City has met the requirements to sole source the purchase pursuant to Public Contract Code section 3400(c) and City Purchasing Policies section 9-3; and
WHEREAS, budgeted funds are currently set aside in budget year 22/23 in the vehicle replacement fund for $155,000 and available COPS grant funds of $171,848.63; and WHEREAS, the Yuba City Council authorizes the sole source purchase of a Lenco Bearcat from Lenco Industries Inc. for the Yuba City Police Department in the amount of $326,848.63.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. The City finds that a sole source award is appropriate on grounds that Lenco Industries Inc. is the sole manufacturer of a Lenco Bearcat. A purchase directly from the manufacturer is a guaranteed low cost involving no third-party vendors.

3. The City Council of Yuba City hereby authorizes the purchase of one (1) Lenco Bearcat identified in Attachment A in the amount of $326,484.63.

4. This resolution shall become effective immediately.

I hereby certify that the foregoing is a true copy of the resolution adopted by the Yuba City Council of Yuba City in a meeting thereof held on September 6, 2022, by the following vote:

3 AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
Ciara Wakefield, Clerk Administrator

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Community Services Department
Presentation By: Brad McIntire, Community Services Director Summary
Subject: Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California, Inc.

Recommendation: A. Adopt a Resolution which authorizes the City Manager to execute a Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California Inc
B. Adopt a Resolution approving the name of the proposed bocce ball courts, "Montna Bocce Ball Courts" per the Parks & Facilities Naming Policy for 20 years Fiscal Impact: $300,000 – CIP Account No 1305 (Bocce Ball Courts) $1,500 per year for maintenance to be performed by City of Yuba City Purpose:

To provide additional recreational opportunities to our community, including individuals with special needs.

Council's Strategic Goal:

Improving infrastructure, and improving the quality of life for our community.

Background:

The Yuba/Sutter Special Olympics is an active member of the Special Olympics Northern California Inc.

The Yuba/Sutter Special Olympics was created in 1968 by four families which had children with disabilities. One of the four founding families was the Montna family, which included father Larry, mother Norma, and their son, Butchie. Larry and Norma donated funds to build Butchie’s Pool back in 1980, which was in service from 1980 to 2016. Larry passed away in 2020 and Norma passed away in 2017. Their estate plan included a $300,000 donation to the Yuba/Sutter Special Olympics.

In the Fall of 2021, Mr. T.J. Fetters, the Area Director for Yuba/Sutter Special Olympics, approached City staff requesting the City construct new bocce ball courts at Gauche Aquatic Park (GAP). For the past seven years, the Yuba/Sutter Special Olympic teams have utilized the two bocce courts at Kingwood Park. Due to the high usage of the courts at Kingwood Park and the desire to facilitate

tournaments and increase participation, it was determined that GAP was the best location for new courts.

Analysis:

Participation in bocce ball has been growing from year to year. The construction of the bocce ball courts could facilitate more opportunities and tournaments for the local participants in the Yuba/Sutter Special Olympic organization.

City staff proposes a project which would construct four bocce ball courts, eight benches, four shade structures, and an entrance sign into a currently low-use area at GAP. The cost of the project is estimated to be around $280,000. Execution of the twenty-year Donation and Facility Use Agreement between the City of Yuba City and the Special Olympics will allow the City to receive funds upfront for the project cost, providing more opportunities in our community for citizens to participate in bocce ball and promoting strong partnerships between the City and our local community.

Fiscal Impact:
$300,000 – CIP Account No 1305 (Bocce Ball Courts)
$1,500 per year for maintenance to be performed by City of Yuba City Alternatives:

Do not authorize the City Manager to execute the Agreement with the Special Olympics Northern California Inc.

Do not approve the proposed name of "Montna Bocce Ball Courts".

Recommendation:
1) Adopt a Resolution which authorizes the City Manager to execute a Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California Inc. 2) Adopt a Resolution approving the name of the proposed bocce ball courts, "Montna Bocce Ball Courts" per the Parks & Facilities Naming Policy for 20 years.

Attachments:

1. Location Map

2. Rendering of the project

3. Resolution - Agreement

4. Resolution - Naming of proposed bocce ball courts
Prepared By: Submitted By:

Maddy Laffond
Community Services Administrative Assistant
Diana Langley
City Manager

ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 3

RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY;

AUTHORIZE THE CITY MANAGER TO EXECUTE A DONATION AND

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUBA CITY AND SPECIAL OLYMPICS NORTHERN CALIFORNIA INC.

WHEREAS, the City recognizes the importance provide recreational opportunities to our community, including individuals with special needs; and WHEREAS, a $300,000 donation has been made by the Larry and Norma Montna Trust to the Yuba/Sutter Special Olympics for the construction of the new bocce ball facility; and WHEREAS, the Yuba/Sutter Olympics has designated the City of Yuba City to receive their donation in order to construct 4 bocce ball courts at Gauche Aquatic Park; WHEREAS, execution of the twenty-year Donation and Facility Use Agreement between the City of Yuba City and the Special Olympics will allow the City to receive funds for the entire project cost;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

Authorizes the City Manager to execute a Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California Inc.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 6TH day of September 2022.

AYES:

NOES:

ABSENT:
________________________
Dave Shaw, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California, Inc.

EXHIBIT A

ATTACHMENT 4

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY NAMING THE PROPOSED BOCCE BALL COURTS, “MONTNA BOCCE BALL COURTS” PER THE CITY PARKS AND FACILITIES NAMING POLICY FOR 20 YEARS
WHEREAS, the City wishes to recognize those who have created and improved the quality of life for City residents; and
WHEREAS, Larry and Norma Monta have made extraordinary, lasting, and significant contributions to the City of Yuba City, the region, and even the State of California, including i) helping start the Yuba/Sutter Special Olympics in 1968; starting and operating Butchie pool from 1979-2016; serving as a County Supervisor for District 1 for two terms, serving as a member of both the Early Riser Rotary of Yuba City and the Noon Kiwanis Yuba City/Marysville; and serving as a State Board member in Support of Citizens with Intellectual Handicaps; and WHEREAS, both Mr. and Ms. Montna have been residents of the City of Yuba City for more than 20 years; and
WHEREAS, both Mr. and Mrs. Montna have passed away more than three years ago; and WHEREAS, Mr. and Ms. Montna have made significant contributions, which will result in the creation of bocce ball courts at Gauche Aquatic Park, as a result of them leaving $300,000 in their estate plan to be donated to the Yuba/Sutter Special Olympics; and WHEREAS, Mr. and Ms. Montna have met the criteria for naming of a public facility after them consistent with the City’s adopted City Parks and Facilities Naming Policy; and WHEREAS, the City Council desires to name the new bocce ball courts at Gauche Aquatic Park the “Montna Bocce Ball Courts.”
NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:

1. The recitals are true and correct, and are incorporated herein by reference.

2. In recognition of Mr. and Ms. Montna, the City Council formally adopts the name of “Montna Bocce Ball Courts” for the new bocce ball courts located at Gauche Aquatic Park. The name shall be in effect for 20 years.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 6TH day of September 2022.

AYES:

NOES:

ABSENT:
________________________
Dave Shaw, Mayor
ATTEST:

____________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
_________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Letter from T.J. Fetters, Yuba-Sutter Special Olympics Area Director

EXHIBIT A

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Rezone 22-01 to remove the X8 District Overlay located East of the Intersection of Sutter and Market Street
Recommendation: A. Conduct a Public Hearing; then
B. Adopt a Resolution of the City Council to approve Environmental Assessment 22-02 by adopting an Initial Study and Negative Declaration prepared for Rezone 22-01, located east of the intersection of Sutter and Market Street; and C. Introduce an Ordinance of the City Council rezoning Accessor’s Parcel Numbers 51-550-029, -030, -040, -041, -042-and -043, located east of the intersection of Sutter and Market Street to remove the X8 District Overlay, and waive the first reading
Fiscal Impact: The costs for processing the land use entitlements are funded by the project applicant.

Purpose:

To update the Zoning Code to remove the X8 District Overlay on the subject parcels to coincide with current policies.

Council’s Strategic Goals:

This item meets the City Council’s strategic goal of: business friendly. Removing the X District Overlay removes outdated requirements and aligns with current policies.

Background:

The applicant has filed an application to remove the X8 District Overlay from the existing Ampla Health site located at 935 Market Street. The X8 District Overlay zone required a roundabout at Market Street and Del Norte Ave, however, currently the Public Works Department and the new Traffic Study do not support a roundabout in that location.

The site is designated in the General Plan as Office & Office Park. Medical Offices are consistent with that designation. The property is within the Office Commercial District (C-O) with an X8 Combining District (C-O X8). The proposed zoning change is consistent with the General Plan designation and current use of the site.

The site is surrounded by single and multiple-family residences, an office park, commercial and industrial uses. The proposed removal of the X8 overlay does not negatively affect the neighbors in accordance with the Traffic Study. These lands were evaluated and approved for Office & Office Park development as part of the adoption of the current General Plan.

On July 27, 2022, the Planning Commission considered the rezone application to remove the X8 District Overlay on the subject parcels and Environmental Assessment 22-02. By a vote of 4 to 0, the Planning Commission recommended that the City Council certify Environmental Assessment 22-02 prepared by adopting a Negative Declaration, and approve Rezone 22-01.

Analysis:

The traffic study completed for the project concluded that a roundabout was not necessary at the location established by the overlay zone, and identified several improvements that may be implemented at the time of future development of the site in order to mitigate traffic related concerns. These recommended improvements have been reviewed by the Public Works Director, and will be considered for implementation at the time of future development on the site.

All City services, including water, sewer, and storm-water drainage (a combination of City and Sutter County Water Agency) are available to this site.

Environmental Determination:

An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.

Removal of the X Combining District and associated improvements has been evaluated for potential environmental impacts. Based upon the attached environmental assessment, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a negative declaration for this rezone project. As a result, the filing of a negative declaration is appropriate in accordance with the provisions of CEQA.

California Environmental Quality Act Findings:

1. The Initial Study/ Negative Declaration (IS/ND) prepared for the project evaluated potential environmental impacts associated with the removal of the X8 Overlay District, including the removal of the requirement to install a roundabout at the intersection of Market Street and Del Norte Avenue. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects.

2. Pertaining to potential cumulative impacts associated with GHG emissions, the site grading process shall comply with the GHG Reduction Measures provided in the adopted Yuba City Resource Efficiency Plan. Future additional paving area may create some minor air quality and greenhouse gas, noise and hazardous material cumulative impacts, however those impacts have been found to be considered less than significant for the site.

3. Construction-related air quality, noise, and hazardous materials exposure impacts from future development would occur for a relatively short period and only be a minor impact during that time period. Therefore, the proposed project would not have any direct or indirect adverse impacts on humans.

Rezone 22-01 Findings:

Based upon analysis of the Rezone application, staff recommends the City Council find that Rezoning 22-01 i) is consistent with the General Plan goals and policies; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; and iii) the Project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements. Among others:

1. The proposed project to remove the X8 Overlay District from the designated APNs in and of itself would not create a significant hazard to the public or the environment.

2. The site is physically suited for the density of future development as the maximum Floor Area Ratio for Office & Office Park is 1.0.

3. The site is physically suited for the type of future development as the subject parcels are designated Office & Office Park. This classification includes neighborhood, community, and downtown offices as well as office development in a low-intensity, campus-like setting. Future development will expand the number of office buildings after the removal of the X8 Combining Zone. The alternative site that has been identified for the installation of a single-lane roundabout is suitable for the type of improvements necessary to accommodate traffic demand and vehicular movements associated with the planned expansion of the facility.

4. The design of any future improvements related to the project is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

5. The removal of the X8 Combining District is not likely to cause serious public health problems.

Future development will be connected to City water, wastewater and storm drainage systems.

6. The removal of the roundabout designated by the X8 Combining District will not conflict with easements acquired by the public at large for access through or use of the intersection of Market Street and Del Norte Avenue.

7. The Project will allow for the creation of quality balanced neighborhoods that provide employment options for the City.

8. The Project will continue to provide a framework for maintaining the integrity of surrounding business and residential neighborhoods by providing connections where necessary and continuing development in a visually compatible manner.

9. The Project is consistent with General Plan goals and policies including: 3.8-I-4, to ensure that neighborhood retail centers and commercial service buildings are compatible with the surrounding neighborhood and with adjacent travel corridors; 5.2-G-7, to maximize the carrying capacity of arterial roadways by controlling the number of intersections and driveways, prohibiting residential access, and requiring sufficient off-street parking to meet the needs of each project; Chapter 4.4 Connections & Corridors, Neighborhood Connectivity, to connect neighborhoods to local shopping districts and activity centers, and to provide accessibility to major urban amenities, parks, open space, and Downtown, and to the regional highway system in accordance with the new street system and hierarchy discussed in Chapter 5, Transportation.

Fiscal Impact:

The costs for processing the land use entitlements are funded by the project applicant. There are no additional financial impacts on the City in relation to the removal of the X8 District Overlay. Traffic

mitigation associated with future development will be required by the developer as determined for future impacts.

Alternatives:

1. Deny the application for Rezone 22-01

2. Provide staff with alternative direction
Recommended Action:

1. Conduct a Public Hearing; then

2. Adopt a Resolution of the City Council to approve Environmental Assessment 22-02 by adopting an Initial Study and Negative Declaration prepared for Rezone 22-01, located east of the intersection of Sutter and Market Street; and

3. Introduce an Ordinance of the City Council Rezoning 22-01, located east of the intersection of Sutter and Market Street to remove the X8 District Overlay and waive the first reading.

Attachments:

1. City Council Resolution approving Environmental Assessment 22-02

2. City Council Ordinance approving Rezone 22-01

3. Ampla Health Location Map

4. X8 Overlay District

5. Environmental Assessment 22-02

6. Traffic Study
Prepared By: Submitted By:

Jaspreet Kaur
Associate Planner
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF CITY OF YUBA CITY APPROVING

A NEGATIVE DECLARATION FOR REZONE OF THE EXISTING AMPLA HEALTH SITE TO REMOVE THE X DISTRICT OVERLAY; LOCATED NORTH OF STATE ROUTE 20 ON PARCELS EAST OF THE INTERSECTION OF SUTTER STREET AND DEL NORTE AVENUE, APNS: 51-550-029, 51-550- 030, 51-550-040, 51-550-041, 51-550-042, and 51-550-043.

WHEREAS, Ampla Health, has filed to Rezone six parcels east of the intersection of Sutter Street and Del Norte Avenue that are zoned Office Commercial District with Combining District X8 to Office Commercial District, removing the Combining District X8; and WHEREAS, as a result the following entitlement is being considered for approval:
 Rezone (RZ) 22-01; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study and Negative Declaration (Environmental Assessment 22-02) for the Project; and
WHEREAS, on July 27, 2022, the Planning Commission conducted a duly noticed public hearing on the Rezone 22-01, at which time it received input from City Staff, the applicant; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and WHEREAS, the Planning Commission has reviewed all associated documents prepared for the Project, including that related to Rezone 22-01, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommended the City Council adopt an Ordinance approving Rezone 22-01 and Environmental Assessment (EA) 22-02;
WHEREAS, on September 6, 2022 the Yuba City Council conducted a public hearing to consider RZ 22-01 and received both oral testimony and written information presented at the hearing regarding the Rezone; and
WHEREAS, the City Council of Yuba City considered said recommendations of the Commission on the matter of redesignating said property. After review and consideration of the Environmental Assessment, Council found that the Environmental Assessment prepared for the project is in conformance with State and local environmental guidelines.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. Recitals. The City Council finds that the recitals are true and correct, and incorporates the same herein as if set forth in full.

2. CEQA Findings: The City Council finds and determines that there is no substantial evidence in the record that RZ 22-01 may have a significant effect on the environment as identified by the ND prepared EA 22-02. The City Council finds that an Environmental Assessment/Initial Study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines, and reflects the Council’s independent judgement and analysis. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment 22-02 necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgement and analysis, the City Council finds no significant effect on the environment will occur, and there is no substantial evidence in the record that this project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse. The proposed project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. As such, the City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the project has been adequately environmentally assessed as required by CEQA per EA 22-02.

3. Adoption of Environmental Assessment 22-02. Based on the foregoing, the City Council approves Environmental Assessment 22-02, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. The Yuba City Development Services Department located at 1201 Civic Center Blvd., Yuba City, CA 95993, is designated as the custodian of the documents and other materials that constitute the record of proceedings upon which the decision is based. The City Council authorizes the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project.

4. Effective Date of Resolution. This Resolution shall become effective immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 6th day of September, 2022.

AYES:

NOES:

ABSENT:
_____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REZONE 22-01 FOR THE AMPLA HEATH SITE (LOCATED NORTH OF STATE ROUTE 20 ON PARCELS EAST OF THE INTERSECTION OF SUTTER STREET AND DEL NORTE AVENUE, APNS: 51-550-029, 51-550-030, 51-550- 040, 51-550-041, 51-550-042, and 51-550-043).

WHEREAS, Ampla Health, has filed to Rezone six parcels east of the intersection of Sutter Street and Del Norte Avenue that are zoned Office Commercial District with Combining District X8 to Office Commercial District, removing the Combining District X8; and WHEREAS, as a result the following entitlement is being considered for approval:
 Rezone 22-01; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study and Negative Declaration (Environmental Assessment 22-02) for the Project; and
WHEREAS, on July 27, 2022, the Planning Commission conducted a duly noticed public hearing on Rezone 22-01, at which time it received input from City Staff, the applicant; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and WHEREAS, the Planning Commission has reviewed all associated documents prepared for the project, including that related to Rezone 22-01, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission desired to recommend the City Council adopt an ordinance approving Rezone 22- 01; and
WHEREAS, on September 6, 2022 the City Council conducted a duly noticed public hearing on the project, at which time it received input from City Staff and the developer; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the City Council, after which public testimony was closed and this ordinance introduced.

NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:

1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA Finding. An initial study was prepared for this project and the City Council approved a negative declaration on September 6, 2022. There have been no material changes in circumstances since that date. As such, this project has been fully assessed under the California Environmental Quality Act (CEQA), and no further analysis is required.

3. Rezoning Findings: The City Council finds that Rezoning 22-01 is consistent with the General Plan. The City Council finds that Rezoning 22-01 i) is consistent with the General Plan goals and policies as both are amended; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare; and iii) the Project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements. Among others:
a. The proposed project to remove the X8 Overlay District from the designated APNs in and of itself would not create a significant hazard to the public or the environment. b. The site is physically suited for the density of future development as the maximum Floor Area Ratio for Office & Office Park is 1.0.
c. The site is physically suited for the type of future development as the subject parcels are designated Office & Office Park. This classification includes neighborhood, community, and downtown offices as well as office development in a low-intensity, campus-like setting. Future development will expand the number of office buildings after the removal of the X8 Combining Zone. The alternative site that has been identified for the installation of a single-lane roundabout is suitable for the type of improvements necessary to accommodate traffic demand and vehicular movements associated with the planned expansion of the facility.
d. The design of any future improvements related to the project is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
e. The removal of the X8 Combining District is not likely to cause serious public health problems. Future development will be connected to City water, wastewater and storm drainage systems.
f. The removal of the roundabout designated by the X8 Combining District will not conflict with easements acquired by the public at large for access through or use of the intersection of Market Street and Del Norte Avenue.
g. The Project will allow for the creation of quality balanced neighborhoods that provide employment options for the City.
h. The Project will continue to provide a framework for maintaining the integrity of surrounding business and residential neighborhoods by providing connections where necessary and continuing development in a visually compatible manner. i. The Project is consistent with General Plan goals and policies including: 3.8-I-4, to ensure that neighborhood retail centers and commercial service buildings are compatible with the surrounding neighborhood and with adjacent travel corridors; 5.2- G-7, to maximize the carrying capacity of arterial roadways by controlling the number of intersections and driveways, prohibiting residential access, and requiring sufficient off-street parking to meet the needs of each project; Chapter 4.4 Connections & Corridors, Neighborhood Connectivity, to connect neighborhoods to local shopping districts and activity centers, and to provide accessibility to major urban amenities, parks, open space, and Downtown, and to the regional highway system in accordance with the new street system and hierarchy discussed in Chapter 5, Transportation.

4. Approval of Rezoning 22-01: Based on the information provided above, the City Council of Yuba City adopts an uncodified ordinance approving Rezoning 22-01 and reclassify the zone district for those districts as depicted in Exhibit “A,” as shown on the zoning map of the City of Yuba City from Office Commercial (C-O) with Combining District X8 (C-O X8) to

Office-Commercial (C-O), and associated refinements of existing zoned district map boundaries as depicted in Exhibit “A.”

5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

7. Effective Date of Resolution. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage andadoption.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____th day of _____ 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ______day of _____2022, by the following vote:

Ayes:

Noes:

Absent:

Recused:

CITY OF YUBA CITY
Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
___________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

Exhibit A: Rezone 22-01
I, ______________________________, Deputy City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.

EXHIBIT A

ATTACHMENT 3

Service Layer Credits: Source: Esri, Maxar,
GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community
Ampla Health Rezone (RZ) 22-01
Location Map - 935 Market Street
Project Site
I!
M
ark
et Stre
et
Sutter Street
Del Norte Avenue
Ainsley Avenue
Bird Street
M
ark
et Stre
et

ATTACHMENT 4

YUBA CITY
X Districts
Updated | May 5, 2016
X8
. Area: The properties adjacent to the future Sutter Street extension between its current northerly terminus at Sumner Street and its ultimate connection with Market Street.

Reason: This street alignment is shown as a plan line on the Circulation Element Map of the Yuba City Urban Area General Plan. As such it is important to protect the right-of-way from encroachment by further development of those properties that front on North Colusa Avenue Frontage road and Sumner Street and from future development of the currently vacant former drive-in property.

A.P. Nos. involved: 03-030-007 & 025; 03-050-011.

Criteria of Development for A.P. No. 3-030-025 (Marysville Press - RZ 98-06) 1) A 5 foot wide landscape planter planted with dense shrubs and trees and 6 foot high masonry wall shall be installed along the north property line of the project area adjacent to the existing mobile home park.
2) Temporary fencing shall be erected around the perimeter of the property during construction and the construction site shall be watered down so that transport of construction debris can be retained on-site.
3) All grading operation on a project shall be suspended as directed by the Air District when winds exceed 20 miles per hour.
4) Transit amenities e.g., on-site bus turnouts, passenger benches, or shelters where deemed appropriate shall be provided by local transportation planning agencies. 5) A roundabout with a radius of at least 55 feet shall be installed at the intersection of Market Street and Del Norte Court.

ATTACHMENT 5

ATTACHMENT 5

1 Environmental Assessment 22-02
Initial Study and Negative Declaration for a
Rezone to Remove the X8 Overlay District on Assessor Parcel Numbers: 51-550-029, 030, 040, 041, 042, 043.

Prepared for:

City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Prepared By:

Brian Millar, Leiloni Shine, and Logan Shine, Contract Planners City of Yuba City
Development Services Department
Planning Division
1201 Civic Center Boulevard
Yuba City, CA 95993
July 7, 2022

2 This page intentionally left blank.

3 1. Table of Contents

2. Introduction.................................................................................................................... 7 Introduction........................................................................................................................7 Regulatory Information .......................................................................................................7 Document Format...............................................................................................................8 Purpose of Document..........................................................................................................8 Intended Uses of this Document..........................................................................................8

3. Project Description ......................................................................................................... 9 Project Title ........................................................................................................................9 Lead Agency Name and Address..........................................................................................9 Contact Person and Phone Number .....................................................................................9 Project Location/Existing Use ..............................................................................................9 Assessor’s Parcel Number (APN)..........................................................................................9 Project Applicant...............................................................................................................10 Property Owner and Agent................................................................................................10 General Plan/Specific Plan Designation..............................................................................10 Zoning...............................................................................................................................10 Project Description ........................................................................................................10 Surrounding Land Uses & Setting ...................................................................................18 Other Public Agencies Whose Approval May be Required...............................................18 Environmental Factors Potentially Affected:...................................................................18 Evaluation of Environmental Impacts:............................................................................20

4. Environmental Checklist and Impact Evaluation ............................................................ 21 Aesthetics.........................................................................................................................21

4.1.1. Environmental Setting/Affected Environment..................................................................................21

4.1.2. Federal Regulatory Setting ................................................................................................................21

4.1.3. State Regulatory Setting....................................................................................................................21

4.1.4. Impact Assessment/Environmental Consequences: .........................................................................22 Agricultural and Forestry Resources...................................................................................23

4.2.1. Environmental Setting/Affected Environment..................................................................................24

4.2.2. Federal Regulatory Setting ................................................................................................................24

4.2.3. State Regulatory Setting....................................................................................................................25

4.2.4. Impact Assessment/Environmental Consequences: .........................................................................27 Air Quality ........................................................................................................................28

4.3.1. Environmental Setting/Affected Environment..................................................................................28

4.3.2. Federal Regulatory Setting ................................................................................................................31

4 4.3.3. State Regulatory Setting....................................................................................................................31

4.3.4. Regional Regulatory Setting ..............................................................................................................32

4.3.5. Impact Assessment/Environmental Consequences: .........................................................................33 Biological Resources..........................................................................................................35

4.4.1. Environmental Setting/Affected Environment..................................................................................36

4.4.2. Federal & State Regulatory Setting ...................................................................................................36

4.4.3. Local Regulatory Setting....................................................................................................................38

4.4.4. Impact Assessment/Environmental Consequences: .........................................................................38 Cultural Resources ............................................................................................................40

4.5.1. Federal Regulatory Setting ................................................................................................................40

4.5.2. State Regulatory Setting....................................................................................................................40

4.5.3 Native American Consultation...............................................................................................................41

4.5.4 Impact Assessment/Environmental Consequences:..............................................................................42 Energy ..............................................................................................................................44

4.6.1. State Regulatory Setting ..................................................................................................................44

4.6.2. Impact Assessment/Environmental Consequences .........................................................................44

4.6 Geology and Soils..............................................................................................................46

4.6.1 Environmental Setting/Affected Environment ......................................................................................46

4.6.2 Federal Regulatory Setting ....................................................................................................................49

4.6.3 State Regulatory Setting ........................................................................................................................49

4.6.4 Impact Assessment/Environmental Consequences:..............................................................................49

4.7 Greenhouse Gas Emissions................................................................................................51

4.7.1 Federal Regulatory Setting ....................................................................................................................52

4.7.2 State & Local Regulatory Setting ...........................................................................................................52

4.7.3 Impact Assessment/Environmental Consequences:..............................................................................52

4.8 Hazards and Hazardous Materials......................................................................................54

4.8.1 Federal Regulatory Setting ....................................................................................................................54

4.8.2 State Regulatory Setting ........................................................................................................................56

4.8.3 Local Regulatory Setting ........................................................................................................................57

4.8.4 Impact Assessment/Environmental Consequences:..............................................................................57

4.9 Hydrology and Water Quality ............................................................................................60

4.9.1 Federal Regulatory Setting ....................................................................................................................60

4.9.2 State Regulatory Setting ........................................................................................................................61

4.9.3 Local Regulatory Setting ........................................................................................................................62

4.9.4 Impact Assessment/Environmental Consequences:..............................................................................62

4.10 Land Use and Planning ......................................................................................................64

4.10.1 Environmental Setting/Affected Environment..................................................................................64

4.10.2 Federal Regulatory Setting ................................................................................................................64

4.10.3 Local Regulatory Setting....................................................................................................................64

4.10.4 Impact Assessment/Environmental Consequences: .........................................................................65

4.11 Mineral Resources.............................................................................................................66

4.11.1 Federal Regulatory Setting ................................................................................................................66

4.11.2 State Regulatory Setting....................................................................................................................66

4.11.3 Impact Assessment/Environmental Consequences: .........................................................................67

4.12 Noise ................................................................................................................................68

4.12.1 Environmental Setting/Affected Environment for Noise ..................................................................68

4.12.2 Environmental Setting/Affected Environment for Groundbourne Vibration....................................69

5 4.12.3 Federal Regulatory Setting ................................................................................................................69

4.12.4 State Regulatory Setting....................................................................................................................69

4.12.5 Local Regulatory Setting....................................................................................................................70

4.12.6 Impact Assessment/Environmental Consequences: .........................................................................71

4.13 Population and Housing ....................................................................................................73

4.13.1 Environmental Setting/Affected Environment..................................................................................73

4.13.2 Federal Regulatory Setting ................................................................................................................73

4.13.3 State Regulatory Setting....................................................................................................................73

4.13.4 Regional Regulatory Setting ..............................................................................................................73

4.13.5 Local Regulatory Setting....................................................................................................................74

4.13.6 Impact Assessment/Environmental Consequences: .........................................................................74

4.14 Public Services ..................................................................................................................75

4.14.1 Environmental Setting/Affected Environment..................................................................................75

4.14.2 Federal Regulatory Setting ................................................................................................................75

4.14.3 State Regulatory Setting....................................................................................................................75

4.14.4 Local Regulatory Setting....................................................................................................................76

4.14.5 Impact Assessment/Environmental Consequences: .........................................................................76

4.15 Recreation ........................................................................................................................77

4.15.1 Environmental Setting/Affected Environment..................................................................................77

4.15.2 Federal Regulatory Setting ................................................................................................................77

4.15.3 State Regulatory Setting....................................................................................................................77

4.15.4 Local Regulatory Setting....................................................................................................................77

4.15.5 Impact Assessment/Environmental Consequences: .........................................................................78

4.16 Transportation/Traffic.......................................................................................................78

4.16.1 Federal Regulatory Setting ................................................................................................................78

4.16.2 State Regulatory Setting....................................................................................................................79

4.16.3 Local Regulatory Setting....................................................................................................................79

4.16.4 Impact Assessment/Environmental Consequences: .........................................................................79

4.17 Tribal Cultural Resources...................................................................................................81

4.17.1 Federal Regulatory Setting ................................................................................................................81

4.17.2 State Regulatory Setting....................................................................................................................81

4.17.3 Cultural Setting..................................................................................................................................82

4.17.4 Summary of Native American Consultation ......................................................................................83

4.17.5 Tribal Cultural Resources within Project Area...................................................................................83

4.17.6 Thresholds of Significance.................................................................................................................83

4.17.7 Impact Assessment/Environmental Consequences: .........................................................................84

4.18 Utilities and Service Systems .............................................................................................85

4.18.1 Environmental Setting/Affected Environment..................................................................................85

4.18.2 Federal Regulatory Setting ................................................................................................................86

4.18.3 State Regulatory Setting....................................................................................................................86

4.18.4 Local Regulatory Setting....................................................................................................................87

4.18.5 Impact Assessment/Environmental Consequences: .........................................................................87

4.19 Wildfire.............................................................................................................................88

4.19.1 Environmental Setting/Affected Environment..................................................................................89

4.19.2 Impact Assessment/ Environmental Consequences .........................................................................89 As noted in Section 4.9 of this Initial Study, the project sites are located in a topographically flat area. There are no streams or other channels that cross the site. As such, it is not expected that people or structures

6 would be exposed to significant risks from changes resulting from fires in steeper areas, including downslope or downstream flooding or landslides. Impacts related to these issues would be less than significant............89

4.20 Mandatory Findings of Significance....................................................................................90

4.20.1 Impact Assessment/Environmental Consequences: .........................................................................90 5 Section References and/or Incorporated by Reference................................................... 92

7 CITY OF YUBA CITY
Development Services Department
Planning Division
1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700

2. Introduction
Introduction
This Initial Study/Negative Declaration (IS/ND) has been prepared to identify any potentially significant environmental impacts for the Rezone of 6 parcels (“project”) to remove the X8 District Overlay currently affecting the site. The project APNs: 51-550-029, 030, 040, 041, 042, 043, identified as contiguous parcels located within the X8 District Overlay, may have future development requiring the removal of the Overlay District. The project will Rezone the project parcels from Office Commercial District with the X8 District Overlay (C-O, X8) to Office Commercial District (C-O) to remove the X8 District Overlay. The project site includes an existing office park and 2 vacant parcels northeast of the existing development and along the southeast corner of the intersection between Market Street and a Mobile Home Park access road. The existing development consists of 3 office buildings located on 3 separate parcels (51-550-030, -031, -39).

The office buildings are located on the east side of the intersection of Market Street and Sutter Street, as shown in Figure 1. The properties are located within the city of limits of the City of Yuba City.

The project requires review pursuant to the California Environmental Quality Act (CEQA), as the City has discretionary authority over the project. The project requires review and recommendation by the City of Yuba City Planning Commission and review and approval by the City Council.

This IS/ND has been prepared in conformance with CEQA Guidelines Section 15070. The purpose of the IS/ND is to determine the potential significant impacts associated with the proposed project. In addition, this document is intended to provide the basis for input from public agencies, organizations, and interested members of the public.

Regulatory Information
An Initial Study (IS) is an environmental assessment document prepared by a lead agency to determine if a project may have a significant effect on the environment. In accordance with the California Code of Regulations Title 14 (Chapter 3, §15000 et seq.), commonly referred to as the CEQA Guidelines - Section 15064(a)(1) states an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant. A mitigated negative declaration may be prepared if the lead agency finds that, with mitigation measures, there is no substantial evidence, in light of the whole record that the project will have a significant effect on the environment. A mitigated negative declaration is a written statement describing the reasons why a proposed project, not exempt from CEQA pursuant to §15300 et seq. of Article 19 of the Guidelines, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines

8 Section 15371). According to CEQA Guidelines Section 15070, a negative declaration (or mitigated negative declaration) shall be prepared for a project subject to CEQA when either:

A. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or B. The IS identified potentially significant effects, but:
a. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration and initial study is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
b. There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment. If revisions are adopted by the Lead Agency into the proposed project in accordance with the CEQA Guidelines Section 15070(b), a Mitigated Negative Declaration (MND) is prepared.

Document Format
This IS/ND contains four chapters. Chapter 1, Introduction, provides an overview of the proposed project and the CEQA environmental documentation process. Chapter 2, Project Description, provides a detailed description of proposed project objectives and components. Chapter 3, Impact Analysis, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible measures. If the proposed project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the proposed project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 4, List of Preparers, provides a list of key personnel involved in the preparation of the IS/ND.

Purpose of Document
This document has been prepared to satisfy the California Environmental Quality Act (CEQA) (Pub. Res.

Code, Section 21000 et seq.) and the State CEQA Guidelines (Title 14 CCR §15000 et seq.). CEQA requires that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before acting on those projects.

In reviewing all of the available information for the above referenced project, the City of Yuba City Development Services Department has analyzed the potential environmental impacts which may be created by this project, and a mitigated negative declaration has been prepared.

Intended Uses of this Document
In accordance with CEQA, a good-faith effort has been made during preparation of this IS/ND to contact affected public agencies, organizations, and persons who may have an interest in the proposed project.

In reviewing the Draft IS/ND, affected and interested parties should focus on the sufficiency of the

9 document in identifying and analyzing the possible impacts on the environment and ways in which the effects of the proposed project would be avoided or mitigated.

The Draft IS/ND and associated appendices will be available for review on the City of Yuba City website at http://www.yubacity.net. The Draft IS/ND and associated appendixes also will be available for review during regular business hours at the City of Yuba City Development Services Department (1201 Civic Center Boulevard, Yuba City, CA 95993). The 30-day review period will commence on July 7, 2022 and end on July 27, 2022.

Written comments on the Draft IS/ND should be sent to the following address:

City of Yuba City
Attn: Ben Moody, Development Services Director
Development Services Department
1201 Civic Center Boulevard
Yuba City, CA 95991
E-mail: [email protected]
Phone: (530) 822-3231

3. Project Description
Project Title
Rezone to Remove the X8 District Overlay on Assessor Parcel Numbers: 51-550-029, -030, -040, -041, - 042, -043.

Lead Agency Name and Address
City of Yuba City
Development Services Department, Planning Division
1201 Civic Center Boulevard
Yuba City, CA 95993
Contact Person and Phone Number
Ben Moody, Director of Development Services
Ph: (530) 822-3231
Email: [email protected]
Project Location/Existing Use
The project consists of six parcels, one site, listed below and as shown in Figure 1.

The site is located on Market Street, is partially developed with an office park, and contains vacant land.

See further description, below.

Assessor’s Parcel Number (APN)
Assessor’s Parcel Numbers: 51-550-029, -030, -040, -041, -042, -043.

10 Project Applicant
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
(530) 822-3231
Property Owner and Agent
Ampla Health
General Plan/Specific Plan Designation
The General Plan land use designation for the subject sites is Office & Office Park Zoning
The Zoning District for the subject sites is C-O (Office Commercial District) and Combining District X8 Project Description
The project will Rezone 6 parcels from Office Commercial District with the X8 District Overlay (C-O, X8) to Office Commercial District (C-O) by removing the X8 District Overlay. The project site includes an existing Office Park and 2 vacant parcels located northeast of the Office Park and along the southeast corner of the intersection between Market Street and a Mobile Home Park access road. The Office Park contains 3 office buildings located on 3 separate parcels (51-550-030, -031, -039). The office buildings are located on the east side of the intersection of Market Street and Sutter Street, as shown in Figure 1. The properties are located within the city of limits of the City of Yuba City.

This Initial Study/Negative Declaration (IS/ND) has been prepared to identify any potentially significant environmental impacts in the City of Yuba City, California (City) for a proposed Rezone of Assessor Parcel Numbers (APNs) to remove an existing X8 District Overlay.

The purpose of the X8 District Overlay is to: (a) apply specific development criteria that may be important for the proper development of a parcel or group of parcels, and (b) to modify adopted development standards to accommodate innovative approaches to site design.

The X8 District Overlay is non-contiguous and specific areas are designated numerically. The X8 Overlay includes the properties adjacent to the future Sutter Street extension between its current northerly terminus at Sumner Street and its ultimate connection with Market Street. The subject properties are currently developed with the Ampla Health medical facility and administrative offices. While not being proposed as part of this rezone application, the operators of Ampla Health have provided preliminary indication to the City that they may seek to expand their administrative and medical office facilities in the future on the vacant portion of the site (APNs 51-550-029 and 51-550-043). Such action would currently require the construction of a traffic circle (roundabout) along Market Street, south of its intersection with Del Norte Avenue. Removal of the X8 District Overlay from the affected properties will eliminate the requirement of the installation of a roundabout with a radius of 55 feet or more at the intersection of Del Norte Avenue and Market Street that would be triggered upon future expansion of the existing medical

11 facility. Future development proposed on the site will require additional permitting and review by the City and is not currently proposed as part of this project.

Site Characteristics
The project consists of six parcelsincluded in the X8 Zone Overlay. The subject parcels comprise a majority of the existing Ampla Health medical facility and administrative office park which consists of 3 buildings and associated parking, drive aisles, and landscaping improvements. The site includes two parcels (APNs:
51-550-029 and 51-550-043) that are currently vacant on the northern portion of the site. The site is adjacent to Lamon Construction Co., Inc. which is located to the east. The two undeveloped parcels (51- 550-029 and -043) are adjacent to the Riverside Mobile Home Park to the north. Residential development is located to the west across Market Street, as shown in Figure 1. The properties are located within the city limits of the City of Yuba City.

12 Figure 1 – Location Map

13 Figure 2 - Rezone 22-02 General Plan Map

14 Figure 3 - Rezone 22-02 Zoning Map

15 Figure 4: Northeast view

16 Figure 5: Western view

17 Figure 6: Intersection of Del Norte Avenue and Market Street

18 Surrounding Land Uses & Setting
Other Public Agencies Whose Approval May be Required
Environmental Factors Potentially Affected:

The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and subsequent discussion on the following pages.

Aesthetics Agriculture & Forestry
Resources
Air Quality
Biological Resources
Geology and Geologic
Hazards
Cultural Resources Energy
Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology/Water
Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Tribal Cultural
Resources
Utilities/Service
Systems
Wildfire Hazards Mandatory Findings
of Significance
Determination: On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

Table 1: Bordering Uses
North: Mobile Home Park
South: Commercial
East: Vacant, Industrial
West: Single-Family Residential

19 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that, although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

July 7, 2022
Signature Date
Brian Millar, Contract Planner
Printed Name/Position

20 Evaluation of Environmental Impacts:

A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the Project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
“Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described below, may be cross referenced). A Mitigated Negative Declaration also requires preparation and adoption of a Mitigation Monitoring and Reporting Program (MMRP) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. In this case, a brief discussion should identify and state where earlier analysis are available for review.

Impacts Adequately Addressed. The IS/MND should identify which effects from the above checklist were within the scope and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” the IS/MND should describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project.

Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

Supporting Information Sources: A source list is attached, and other sources used or individuals contacted are cited in the discussion.

21 4. Environmental Checklist and Impact Evaluation
The following section presents the initial study checklist recommended by the California Environmental Quality Act (CEQA; Appendix G) to determine potential impacts of a project. Explanations of all answers are provided following each question, as necessary.

Aesthetics
Table 3-1: Aesthetics
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
X
c) Substantially degrade the existing visual character
or quality of public views of the site and its
surroundings? (Public views are those that are
experienced from publicly accessible vantage point.

If the project is in an urbanized area, would the
project conflict with applicable zoning and other
regulations governing scenic quality.

X
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
X

4.1.1. Environmental Setting/Affected Environment
Background views are generally considered to be long-range views in excess of 3 to 5 miles from a public vantage point. Background views surrounding the project site are limited due to the flat nature of the site and the surrounding urban landscape. Overall, the vast majority of Sutter County is relatively flat, with the Sutter Buttes being the exception. The Sutter Buttes comprise the long-range views to the northwest and are visible on a clear day from the majority of the City, except in areas where trees or intervening structures block views of the mountain range.

4.1.2. Federal Regulatory Setting
Federal regulations relating to aesthetics include: Organic Administration Act (1897), Multiple Use – Sustained Yield Act (1960), Wilderness Act (1964), Federal Lands Policy and Management Act (1976), Wild and Scenic Rivers Act. The proposed project is not subject to these regulations since there are no federally designated lands or rivers in the vicinity.

4.1.3. State Regulatory Setting
The California State Scenic Highway Program was created by the California Legislature in 1963 to preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands

22 adjacent to highways. The state laws governing the Scenic Highway Program are found in the Streets and Highways Code, Section 260 et seq. The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been so designated. These highways are identified in Section 263 of the Streets and Highways Code.

A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view. When a city or county nominates an eligible scenic highway for official designation, it must identify and define the scenic corridor of the highway. A scenic corridor is the land generally adjacent to and visible from the highway. A scenic corridor is identified using a motorist’s line of vision. A reasonable boundary is selected when the view extends to the distant horizon. The corridor protection program does not preclude development, but seeks to encourage quality development that does not degrade the scenic value of the corridor. Jurisdictional boundaries of the nominating agency are also considered. The agency must also adopt ordinances to preserve the scenic quality of the corridor or document such regulations that already exist in various portions of local codes. These ordinances make up the scenic corridor protection program. County roads can also become part of the Scenic Highway System. To receive official designation, the county must follow the same process required for official designation of state scenic highways. There are no designated state scenic highways in the view shed of the project site.

California Building Code Title 24 Outdoor Lighting Standards: Requirements vary according to which “Lighting Zone” the equipment is located within. The Standards contain lighting power allowances for newly installed equipment and specific alterations that are dependent on which Lighting Zone the project is located in. Existing outdoor lighting systems are not required to meet these lighting power allowances.

However, alterations that increase the connected load, or replace more than 50 percent of the existing luminaires, for each outdoor lighting application that is regulated by the Standards, must meet the lighting power allowances for newly installed equipment.

An important part of the Standards is to base the lighting power that is allowed on how bright the surrounding conditions are. The eyes adapt to darker surrounding conditions, and less light is needed to properly see; when the surrounding conditions get brighter, more light is needed to see. The least power is allowed in Lighting Zone 1 and increasingly more power is allowed in Lighting Zones 2, 3, and 4. By default, government designated parks, recreation areas and wildlife preserves are Lighting Zone 1; rural areas are Lighting Zone 2; and urban areas are Lighting Zone 3. Lighting Zone 4 is a special use district that may be adopted by a local government. The proposed Project is located in an urban area; thereby, it is in Lighting Zone 3.

4.1.4. Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect on a scenic vista? There are no designated scenic vistas within Yuba City or unincorporated Sutter County , nor is any new physical development proposed as part of this proposed project. The removal of the X8 Overlay District will not in and of itself result in the construction of future buildings that would create a significant visual impact to surrounding areas. Any such future proposal would be evaluated by the City as part of its existing review process. The aesthetics associated with future development that may result from this project are expected to be complementary to surrounding uses as new development must be consistent with the general design goals, policies and objectives of the City regarding aesthetics.

23 The Sutter Buttes are more distant and cannot be seen over existing development from various perspectives of the project site. If and when future development occurs, the height of the new buildings will be limited by the C-O zoning standard of four stories, not to exceed 52 feet in height, except as provided in Article 56 of the Yuba City Zoning Code. No impactsto the view of scenic vistas are anticipated.

The Yuba City Design Guidelines are intended to achieve a cohesive design that would complement existing development both adjacent to the project boundaries, as well as within the project area itself.

These design objectives will be applied during subsequent design review entitlement processing if future development is proposed. These reviews will include proposed architectural styles, building massing, and materials. No impacts to the view of scenic vistas is anticipated. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
Neither the City of Yuba City nor unincorporated Sutter County have any state designated scenic highways . The project site does not contain any scenic resources such as significant trees, rock outcroppings, or historic buildings. The site characteristics consist of flat topography with undeveloped vacant land, existing landscaping improvements around existing office buildings that is part of a medical office park, and parking areas. Surrounding properties in the general vicinity of the site are mostly developed with residential and commercial/office uses, including commercial buildings. Therefore, no impacts are anticipated.
c) Substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point. If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality.)
As noted above, see a) and b), the project is not anticipated to result in degradation of the visual quality or character of the area. Therefore, no impacts on the visual quality or character of the area are anticipated.
d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area. Substantially degrade the existing visual character or quality of public views of the site and its surroundings?
Existing City standards are in place to minimize potential impacts with respect to the creation of new light and glare. Future development of the subject sites will likely include the use of a combination of public street lighting, building and pole mounted onsite private lighting fixtures, or pedestrian level lighting (bollards). Any new public street lighting will be required to be shielded. Such lighting would not be allowed to create a public nuisance to surrounding properties due to light intensities. The proposed rezone does not include any new lighting and will not impact daytime or nighttime views. No impacts are anticipated.

Agricultural and Forestry Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared (1997) by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.

24 Table 3-2: Agricultural and Forestry Resources
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X

4.2.1. Environmental Setting/Affected Environment
Sutter County is located within the northern portion of California’s Central Valley, known as the Sacramento Valley. It contains some of the richest soils in the State. These soils, combined with abundant surface and subsurface water supplies and a long, warm growing season, make Sutter County’s agricultural resources very productive. Sutter County is one of California’s leading agricultural counties, with 83 percent of the County’s total land acreage currently being used for agricultural purposes.

However, while Sutter County provides rich agricultural opportunities, the subject site is in an urban area and has been designated for urban uses for several years.

4.2.2. Federal Regulatory Setting
Farmland Protection Policy Act: The Natural Resources Conservation Service (NRCS), a federal agency within the U.S. Department of Agriculture (USDA), is the agency primarily responsible for implementation of the Farmland Protection Policy Act (FPPA). The FPPA was enacted after the 1981 Congressional report, Compact Cities: Energy-Saving Strategies for the Eighties indicated that a great deal of urban sprawl was the result of programs funded by the federal government. The purpose of the FPPA is to minimize federal programs’ contribution to the conversion of farmland to non-agricultural uses by ensuring that federal programs are administered in a manner that is compatible with state, local, and private programs designed to protect farmland. Federal agencies are required to develop and review their policies and procures to implement the FPPA every two years (USDA-NRCS, 2011). 2014 Farm Bill: The Agricultural Act of 2014 (the Act), also known as the 2014 Farm Bill, repeals certain programs, continues some programs with modifications, and authorizes several new programs

25 administered by the Farm Service Agency (FSA). Most of these programs are authorized and funded through 2018.

The Farm Bill builds on historic economic gains in rural America over the past five years, while achieving meaningful reform and billions of dollars in savings for the taxpayer. It allows USDA to continue record accomplishments on behalf of the American people, while providing new opportunity and creating jobs across rural America. Additionally, it enables the USDA to further expand markets for agricultural products at home and abroad, strengthen conservation efforts, create new opportunities for local and regional food systems and grow the bio-based economy. It provides a dependable safety net for America's farmers, ranchers and growers and maintains important agricultural research, and ensure access to safe and nutritious food for all Americans.

Forestry Resources: Federal regulations regarding forestry resources are not relevant to the proposed project because no forestry resources exist on the project site or in the vicinity.

4.2.3. State Regulatory Setting
California Environmental Quality Act (CEQA) Definition of Agricultural Lands: Public Resources Code Section 21060.1 defines “agricultural land” for the purposes of assessing environmental impacts using the Farmland Mapping & Monitoring Program (FMMP). The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California.

California Department of Conservation, Division of Land Resource Protection: The California Department of Conservation (DOC) applies the NRCS soil classifications to identify agricultural lands, and these agricultural designations are used in planning for the present and future of California’s agricultural land resources. Pursuant to the DOC’s FMMP, these designated agricultural lands are included in the Important Farmland Maps (IFM) used in planning for the present and future of California’s agricultural land resources. The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California. The DOC has a minimum mapping unit of 10 acres, with parcels that are smaller than 10 acres being absorbed into the surrounding classifications.

The list below provides a comprehensive description of all the categories mapped by the DOC. Collectively, lands classified as Prime Farmland, Farmland of Statewide Importance, and Unique Farmland is referred to as Farmland.
 Prime Farmland. Farmland that has the best combination of physical and chemical features able to sustain long‐term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.  Farmland of Statewide Importance. Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.
 Unique Farmland. Farmland of lesser quality soils used for the production of the State’s leading agricultural crops. This land is usually irrigated, but may include non-irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date.

26  Farmland of Local Importance. Land of importance to the local agricultural economy as determined by each county’s board of supervisors and a local advisory committee.  Grazing Land. Land on which the existing vegetation is suited to the grazing of livestock. This category was developed in cooperation with the California Cattlemen’s Association, University of California Cooperative Extension, and other groups interested in the extent of grazing activities.

The minimum mapping unit for Grazing Land is 40 acres.
 Urban and Built-up Land. Land occupied by structures with a building density of at least 1 unit to

1.5 acres, or approximately 6 structures to a 10‐acre parcel. This land is used for residential, industrial, commercial, institutional, public administrative purposes, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes.  Other Land. Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines and borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.

California Land Conservation Act (Williamson Act): The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, is promulgated in California Government Code Section 51200‐51297.4, and therefore is applicable only to specific land parcels within the State of California. The Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space uses in return for reduced property tax assessments. Private land within locally designated agricultural preserve areas is eligible for enrollment under Williamson Act contracts. However, an agricultural preserve must consist of no less than 100 acres. In order to meet this requirement two or more parcels may be combined if they are contiguous, or if they are in common ownership.

The Williamson Act program is administered by the Department of Conservation (DOC), in conjunction with local governments, which administer the individual contract arrangements with landowners. The landowner commits the parcel to a 10‐year period, or a 20-year period for property restricted by a Farmland Security Zone Contract, wherein no conversion out of agricultural use is permitted. Each year the contract automatically renews unless a notice of non‐renewal or cancellation is filed. In return, the land is taxed at a rate based on the actual use of the land for agricultural purposes, as opposed to its unrestricted market value. An application for immediate cancellation can also be requested by the landowner, provided that the proposed immediate cancellation application is consistent with the cancellation criteria stated in the California Land Conservation Act and those adopted by the affected county or city. Non‐renewal or immediate cancellation does not change the zoning of the property.

Participation in the Williamson Act program is dependent on county adoption and implementation of the program and is voluntary for landowners.

Farmland Security Zone Act: The Farmland Security Zone Act is similar to the Williamson Act and was passed by the California State Legislature in 1999 to ensure that long-term farmland preservation is part of public policy. Farmland Security Zone Act contracts are sometimes referred to as “Super Williamson Act Contracts.” Under the provisions of this act, a landowner already under a Williamson Act contract can apply for Farmland Security Zone status by entering into a contract with the county. Farmland Security Zone classification automatically renews each year for an additional 20 years. In return for a further 35% reduction in the taxable value of land and growing improvements (in addition to Williamson Act tax benefits), the owner of the property promises not to develop the property into nonagricultural uses.

27 Forestry Resources: State regulations regarding forestry resources are not relevant to the proposed project because no forestry resources exist on the project site or in the vicinity.

4.2.4. Impact Assessment/Environmental Consequences:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
The 2018 Department of Conservation Important Farmland Map classifies the project site as “Urban and Built-Up Land” and does not classify project site soils as Prime, Unique or Farmland of Statewide Importance. The project site is located within the existing Yuba City urbanized area, adjoining a mix of commercial/office development, industrial development, and vacant land. The project sites are zoned CO, Office Commercial District with the X8 Zone Overlay, which do not permit agricultural uses, the vacant parcels are not currently used for agricultural activities. The properties have been planned for and designated by the City for urban uses, as provided in the General Plan and for which overriding considerations regarding the loss of agricultural land were previously made in the City’s certification of the General Plan EIR. Therefore, no conversion or impacts on agriculture land loss will occur. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The project sites are designated for and planned for urban type uses and are not encumbered by a Williamson Act contract. As a result, there will be no impacts on Williamson Act contracted lands. c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4256), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d) This project does not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)), because the project site and surrounding area does not contain forest land. The project site is not zoned for forest land or timberland nor is it adjacent to land that is zoned for forest land or timberland.

This project is located in the Sacramento Valley, a non-forested region on land that is designated by the 2018 Department of Conservation Important Farmland Map as “Urban and Built-Up”. No impacts are anticipated. Result in the loss of forestland or conversion of forest land to non-forest use? There is no forestland on the project site or within the vicinity of the proposed project; therefore, there will be no impact to forestlands.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? While the underlying soils have agriculture qualities, the area has been planned for and designated by the City for urban development as part of the General Plan, and which were previously addressed in the City’s certification of the 2004 General Plan EIR. There are no nearby agricultural uses that are anticipated to be adversely impacted by this project. The project site is surrounded by lands previously developed with residential or commercial uses and do not involve agricultural use. No development is proposed at this time, the rezoning of the property to remove the X8 District Overlay designation will not cause any surrounding farmlands or forestlands to be converted. The proposed project in and of itself will not impact

28 roadway segments or modify infrastructure that would result in the conversion of these lands in the vicinity of the project. There are no forestlands on the project site or in the vicinity. No properties within the area are within the Williamson Act. For these reasons, no impacts are anticipated.

Air Quality
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.

Table 3-3: Air Quality
Would the project?
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Violate any air quality standards or contribute
substantially to an existing or projected air quality
violation?
X
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
X
d) Expose sensitive receptors to substantial pollutant
concentrations? X
e) Create objectionable odors affecting a substantial
number of people? X

4.3.1. Environmental Setting/Affected Environment
Yuba City is located within the Sacramento Valley Air Basin (SVAB), which consists of the northern half of the Central Valley and approximates the drainage basin for the Sacramento River and its tributaries. The SVAB is bounded on the west by the Coast Range, on the north by the Cascade Range, on the east by the Sierra Nevada, and on the south by the San Joaquin Valley Air Basin. The intervening terrain is flat, and approximately 70 feet above sea level. The SVAB consists of the counties of Butte, Colusa, Glenn, Sacramento, Shasta, Sutter, Tehama, Yolo, and Yuba and portions of Placer and Solano Counties.

Hot dry summers and mild rainy winters characterize the Mediterranean climate of the Sacramento Valley. The climate of the SVAB is dominated by the strength and position of the semi-permanent highpressure cell over the Pacific Ocean north of Hawaii. In summer, when the high-pressure cell is strongest and farthest north, temperatures are high and humidity is low, although the incursion of the sea breeze into the Central Valley helps moderate the summer heat. In winter, when the high-pressure cell is weakest and farthest south, conditions are characterized by occasional rainstorms interspersed with stagnant and sometimes foggy weather. Throughout the year, daily temperatures may range from summer highs often exceeding 100 degrees Fahrenheit and winter lows occasionally below freezing. Average annual rainfall is about 20 inches with snowfall being very rare. The prevailing winds are moderate in strength and vary from moist clean breezes from the south to dry land flows from the north.

29 In addition to prevailing wind patterns that control the rate of dispersion of local pollutant emissions, the region experiences two types of inversions that affect the vertical depth of the atmosphere through which pollutants can be mixed. In the warmer months in the SVAB (May through October), sinking air forms a "lid" over the region. These subsidence inversions contribute to summer photochemical smog problems by confining pollution to a shallow layer near the ground. These warmer months are characterized by stagnant morning air or light winds with the delta sea breeze arriving in the afternoon out of the southwest. Usually, the evening breeze transports the airborne pollutants to the north and out of the SVAB. During about half of the day from July to September, however, a phenomenon called the “Schultz Eddy” prevents this from occurring. Instead of allowing the prevailing wind patterns to move north carrying the pollutants out of the valley, the Schultz Eddy causes the wind pattern to circle back south.

This phenomenon exacerbates the pollution levels in the area and increases the likelihood of violating federal or State standards. The Schultz Eddy normally dissipates around noon when the Delta sea breeze begins. In the second type of inversion, the mountains surrounding the SVAB create a barrier to airflow, which can trap air pollutants in the valley. The highest frequency of air stagnation occurs in the autumn and early winter when large high-pressure cells lie over the valley. The air near the ground cools by radiative processes, while the air aloft remains warm. The lack of surface wind during these periods and the reduced vertical flow caused by less surface heating reduces the influx of outside air and allows air pollutants to become concentrated in a stable volume of air. These inversions typically occur during winter nights and can cause localized air pollution "hot spots" near emission sources because of poor dispersion.

The surface concentrations of pollutants are highest when these conditions are combined with smoke from agricultural burning or when temperature inversions trap cool air and pollutants near the ground.

Although these subsidence and radiative inversions are present throughout much of the year, they are much less dominant during spring and fall, and the air quality during these seasons is generally good.” Local Climate: The climate of Sutter County is subject to hot dry summers and mild rainy winters, which characterize the Mediterranean climate of the SVAB. Summer temperatures average approximately 90 degrees Fahrenheit during the day and 50 degrees Fahrenheit at night. Winter daytime temperatures average in the low 50s and nighttime temperatures are mainly in the upper 30s. During summer, prevailing winds are from the south. This is primarily because of the north- south orientation of the valley and the location of the Carquinez Straits, a sea-level gap in the coast range that is southwest of Sutter County.

Criteria Air Pollutants: Criteria air pollutants are a group of pollutants for which federal or State regulatory agencies have adopted ambient air quality standards. Criteria air pollutants are classified in each air basin, county, or in some cases, within a specific urbanized area. The classification is determined by comparing actual monitoring data with State and federal standards. If a pollutant concentration is lower than the standard, the area is classified as “attainment” for that pollutant. If an area exceeds the standard, the area is classified as “non-attainment” for that pollutant. If there is not enough data available to determine whether the standard is exceeded in an area, the area is designated “unclassified.” Ambient Air Quality Standards: Both the federal and State government have established ambient air quality standards for outdoor concentrations of various pollutants in order to protect public health. The federal and State ambient air quality standards have been set at levels whose concentrations could be generally harmful to human health and welfare and to protect the most sensitive persons from experiencing health impacts with a margin of safety. Applicable ambient air quality standards are identified later in this section. The air pollutants for which federal and State standards have been promulgated and which are most relevant to air quality planning and regulation in the air basins include ozone, carbon monoxide, nitrogen oxides, suspended particulate matter, sulfur dioxide, and lead. In addition, toxic air contaminants are of concern in Sutter County. Each of these pollutants is briefly described below.

30 Ozone (O3): is a gas that is formed when reactive organic gases (ROGs) and nitrogen oxides (NOX), both byproducts of internal combustion engine exhaust and other processes undergo slow photochemical reactions in the presence of sunlight. Ozone concentrations are generally highest during the summer months when direct sunlight, light wind, and warm temperature conditions are favorable to the formation of this pollutant.

Carbon Monoxide (CO): is a colorless, odorless gas produced by the incomplete combustion of fuels. CO concentrations tend to be the highest during the winter morning, with little to no wind, when surfacebased inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion engines, unlike ozone, motor vehicles operating at slow speeds are the primary source of CO in the SVAB. The highest ambient CO concentrations are generally found near congested transportation corridors and intersections.

Nitrogen Oxides (NOX): is the generic term for a group of highly reactive gases, all of which contain nitrogen and oxygen in varying amounts. Many of the nitrogen oxides are colorless and odorless.

However, one common pollutant, nitrogen dioxide (NO2) along with particles in the air can often be seen as a reddish-brown layer over many urban areas. Nitrogen oxides form when fuel is burned at high temperatures, as in a combustion process. The primary manmade sources of NOX are motor vehicles, electric utilities, and other industrial, commercial, and residential sources that burn fuels.

Nitrogen oxides can also be formed naturally.

Respirable Particulate Matter (PM10) and Fine Particulate Matter (PM2.5): consist of extremely small, suspended particles or droplets 10 microns and 2.5 microns or smaller in diameter. Some sources of suspended particulate matter, like pollen and windstorms, occur naturally. However, in populated areas, most fine suspended particulate matter is caused by road dust, diesel soot, and combustion products, abrasion of tires and brakes, and construction activities.

Sulfur Dioxide (SO2): is a colorless, extremely irritating gas or liquid. It enters the atmosphere as a pollutant mainly as a result of the burning of high sulfur-content fuel oils and coal, and from chemical processes occurring at chemical plants and refineries.

Lead: occurs in the atmosphere as particulate matter. The combustion of leaded gasoline is the primary source of airborne lead. Since the use of leaded gasoline is no longer permitted for on-road motor vehicles, lead is not a pollutant of concern in the SVAB.

Toxic Air Contaminants (TACs): are known to be highly hazardous to health, even in small quantities. TACs are airborne substances capable of causing short-term (acute) and/or long-term (chronic or carcinogenic) adverse human health effects (i.e., injury or illness). TACs can be emitted from a variety of common sources, including gasoline stations, automobiles, dry cleaners, industrial operations, and painting operations.

TAC impacts are assessed using a maximum individual cancer risk (MICR) that estimates the probability of a potential maximally exposed individual (MEI) contracting cancer as a result of sustained exposure to toxic air contaminants over a constant period of 24 hours per day for 70 years for residential receptor locations. The CARB and local air districts have determined that any stationary source posing an incremental cancer risk to the general population (above background risk levels) equal to or greater than 10 people out of 1 million to be excessive. For stationary sources, if the incremental risk of exposure to project-related TAC emissions meets or exceeds the threshold of 10 excess cancer cases per 1 million people, the CARB and local air district require the installation of best available control technology (BACT) or maximum available control technology (MACT) to reduce the risk threshold. To assess risk from ambient air concentrations, the CARB has conducted studies to determine the total cancer inhalation risk to

31 individuals due to outdoor toxic pollutant levels. The CARB has conducted studies to determine the total cancer inhalation risk to individuals due to outdoor toxic pollutant levels. According to the map prepared by the CARB showing the estimated inhalation cancer risk for TACs in the State of California, Sutter County has an existing estimated risk that is between 50 and 500 cancer cases per 1 million people. A significant portion of Sutter County is within the 100 to 250 cancer cases per 1 million people range. There is a higher risk around Yuba City where the cancer risk is as high as 500 cases per 1 million people. There are only very small portions of the County where the cancer risk is between 50 and 100 cases. This represents the lifetime risk that between 50 and 500 people in 1 million may contract cancer from inhalation of toxic compounds at current ambient concentrations under an MEI scenario.

4.3.2. Federal Regulatory Setting
Clean Air Act: The federal Clean Air Act of 1970 (as amended in 1990) required the U.S. Environmental Protection Agency (EPA) to develop standards for pollutants considered harmful to public health or the environment. Two types of National Ambient Air Quality Standards (NAAQS) were established. Primary standards protect public health, while secondary standards protect public welfare, by including protection against decreased visibility, and damage to animals, crops, landscaping and vegetation, or buildings.

NAAQS have been established for six “criteria” pollutants: carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), ozone (O3), particulate matter (PM10 and PM2.5), and lead (Pb).

4.3.3. State Regulatory Setting
California Air Resources Board: The California Air Resources Board (CARB) is the state agency responsible for implementing the federal and state Clean Air Acts. CARB has established California Ambient Air Quality Standards (CAAQS), which include all criteria pollutants established by the NAAQS, but with additional regulations for Visibility Reducing Particles, sulfates, hydrogen sulfide (H2S), and vinyl chloride. The proposed project is located within the Sacramento Valley Air Basin, which includes Butte, Colusa, Glenn, Tehama, Shasta, Yolo, Sacramento, Yuba Sutter and portions of Placer, El Dorado and Solano counties. Air basins are classified as attainment, nonattainment, or unclassified. The FRAQMD is comprised of Sutter and Yuba Counties. Attainment is achieved when monitored ambient air quality data is following the standards for a specified pollutant. Non-compliance with an established standard will result in a nonattainment designation and an unclassified designation indicates insufficient data is available to determine compliance for that pollutant.

California Clean Air Act: The CCAA requires that all air districts in the state endeavor to achieve and maintain CAAQS for Ozone, CO, SO2, and NO2 by the earliest practical date. The CCAA specifies that districts focus particular attention on reducing the emissions from transportation and area-wide emission sources, and the act provides districts with authority to regulate indirect sources. Each district plan is required to either (1) achieve a five percent annual reduction, averaged over consecutive 3-year periods, in district-wide emissions of each non-attainment pollutant or its precursors, or (2) to provide for implementation of all feasible measures to reduce emissions. Any planning effort for air quality attainment would thus need to consider both state and federal planning requirements.

CARB Portable Equipment Registration Program: This program was designed to allow owners and operators of portable engines and other common construction or farming equipment to register their equipment under a statewide program so they may operate it statewide without the need to obtain a permit from the local air district.

U.S. EPA/CARB Off-Road Mobile Sources Emission Reduction Program: The California Clean Air Act (CCAA) requires CARB to achieve a maximum degree of emissions reductions from off-road mobile sources to attain State Ambient Air Quality Standards (SAAQS); off- road mobile sources include most construction

32 equipment. Tier 1 standards for large compression-ignition engines used in off-road mobile sources went into effect in California in 1996. These standards, along with ongoing rulemaking, address emissions of nitrogen oxides (NOX) and toxic particulate matter from diesel engines. CARB is currently developing a control measure to reduce diesel PM and NOX emissions from existing off-road diesel equipment throughout the state.

California Global Warming Solutions Act: Established in 2006, Assembly Bill 32 (AB 32) requires that California’s GHG emissions be reduced to 1990 levels by the year 2020. This will be implemented through a statewide cap on GHG emissions, which will be phased in, having begun in 2012. AB 32 requires CARB to develop regulations and a mandatory reporting system to monitor global warming emissions level.

4.3.4. Regional Regulatory Setting
Feather River Air Quality Management District (FRAQMD): The FRAQMD is a bi-county District formed in 1991 to administer local, state, and federal air quality management programs for Yuba and Sutter Counties within the Sacramento Valley Air Basin. The goal of the FRAQMD is to improve air quality in the region through monitoring, evaluation, education and implementing control measures to reduce emissions from stationary sources, permitting and inspection of pollution sources, enforcement of air quality regulations and by supporting and implementing measures to reduce emissions from motor vehicles.

The FRAQMD adopted its Indirect Source Review guidelines document for assessment and mitigation of air quality impacts under CEQA in 1998. The guide contains criteria and thresholds for determining whether a project may have a significant adverse impact on air quality, and methods available to mitigate impacts on air quality. FRAQMD updated its Indirect Source Review Guidelines to reflect the most recent methods recommended to evaluate air quality impacts and mitigation measures for land use development projects in June 2010. This analysis uses guidance and thresholds of significance from the 2010 FRAQMD Indirect Source Review Guidelines to evaluate the proposed project’s air quality impacts.

According to FRAQMD’s 2010 Indirect Source Review Guidelines, a project would be considered to have a significant impact on air quality if it would:
 Generate daily construction or operational emissions that would exceed 25 pounds per day for reactive organic gases (ROG), 25 pounds per day for oxides of nitrogen (NOX), or 80 pounds per day for PM10; or generate annual construction or operational emissions of ROG or NOX that exceed 4.5 tons per year.

Northern Sacramento Valley Planning Area 2015 Air Quality Attainment Plan: As specified in the California Clean Air Act of 1988 (CCAA), Chapters 1568-1588, it is the responsibility of each air district in California to attain and maintain the state’s ambient air quality standards. The CCAA requires that an Attainment Plan be developed by all nonattainment districts for O3, CO, SOx, and NOx that are either receptors or contributors of transported air pollutants. The purpose of the Northern Sacramento Valley Planning Area 2015 Triennial Air Quality Attainment Plan (TAQAP) is to comply with the requirements of the CCAA as implemented through the California Health and Safety Code. Districts in the NSVPA are required to update the Plan every three years. The TAQAP is formatted to reflect the 1990 baseline emissions year with a planning horizon of 2020. The Health and Safety Code, sections 40910 and 40913, require the Districts to achieve state standards by the earliest practicable date to protect the public health, particularly that of children, the elderly, and people with respiratory illness.

Health and Safety Code Section 41503(b): Requires that control measures for the same emission sources are uniform throughout the planning area to the extent that is feasible. To meet this requirement, the

33 NSVPA has coordinated the development of an Attainment Plan and has set up a specific rule adoption protocol. The protocol was established by the Technical Advisory Committee of the Sacramento Valley Basin-wide Air Pollution Control Council and the Sacramento Valley Air Quality Engineering and Enforcement Professionals, which allow the Districts in the Basin to act and work as a united group with the CARB as well as with industry in the rule adoption process. Section 40912 of the Health and Safety Code states that each District responsible for, or affected by, air pollutant transport shall provide for attainment and maintenance of the state and federal standards in both upwind and downwind Districts.

This section also states that each downwind District’s Plan shall contain sufficient measures to reduce emissions originating in each District to below levels which violate state ambient air quality standards, assuming the absence of transport contribution
Construction Generated Emissions of Criteria Air Pollutants: The District recommends the following best management practices:
 Implement the Fugitive Dust Control Plan.
 Construction equipment exhaust emissions shall not exceed FRAQMD Regulation III, Rule 3.0,  Visible Emissions limitations (40 percent opacity or Ringelmann 2.0).  The contractor shall be responsible to ensure that all construction equipment is properly tuned and maintained prior to and for the duration of onsite operation.  Limiting idling time to 5 minutes – saves fuel and reduces emissions.  Utilize existing power sources or clean fuel generators rather than temporary power generators.  Develop a traffic plan to minimize traffic flow interference from construction activities. The plan may include advance public notice of routing, use of public transportation, and satellite parking areas with a shuttle service. Schedule operations affecting traffic for off-peak hours. Minimize obstruction of through-traffic lanes. Provide a flag person to guide traffic properly and ensure safety at construction sites.
 Portable engines and portable engine-driven equipment units used at the project work site, with the exception of on-road and off-road motor vehicles, may require California Air Resources Board (ARB) Portable Equipment Registration with the State or a local district permit. The owner/operator shall be responsible for arranging appropriate consultations with the ARB or the District to determine registration and permitting requirements prior to equipment operation at the site.

4.3.5. Impact Assessment/Environmental Consequences:
a) Conflict with or obstruct implementation of the applicable air quality plan? No physical development of the site is proposed as part of this project, the removal of the X8 Overlay District from the affected parcels will eliminate the requirement to construct a roundabout at the intersection of Market Street and Del Norte Avenue. Elimination of this requirement will not result in any construction or production of airborne emissions; therefore, the project does not conflict or obstruct the implementation of an air quality plan including the Northern Sacramento Valley Planning Area 2015 Triennial Air Quality Attainment Plan. Future development of the site will be reviewed for threshold emissions of criteria pollutants and greenhouse gases such as reactive organic gases, nitrogen oxides, carbon monoxide, carbon dioxide, and PM10 associated with construction and long-term operation of the future development and will be subject to compliance with all standards of FRQAMD.

34 b) Violate any air quality standards or contribute substantially to an existing or projected air quality violation?
Standards set by FRQAMD, CARB, and Federal agencies will apply to this project. Prior to the initiation of ground disturbance (such as grading) of any future development resulting from the proposed Rezone, a Fugitive Dust Control Plan will be submitted to FRAQMD as a part of standard measures required by the District. An Indirect Source Review (ISR) application will be filed with the Air District to address emissions from construction. FRAQMD’s 2010 Screening Criteria for Air Quality Operational Impacts indicates that the threshold for significant daily emissions of criteria pollutants for Medical Office Buildings projects is 50-lbs/day or a project size exceeding 1,000 square feet.

No physical development of the site is proposed as part of this project, the removal of the X8 Overlay District from the affected parcels would eliminate the requirement to construct a round-a-bout at the intersection of Market Street and Del Norte Avenue.
c) Expose sensitive receptors to substantial pollutant concentrations? No physical development is proposed as part of this project. The proposed project is to remove the X8 Overlay District from the affected parcels, that would eliminate the requirement to construct a round-about at the intersection of Market Street and Del Norte Avenue. Future commercial development of the project site could expose nearby sensitive receptors (adjacent residential) to substantial pollutant concentrations. The FRAQMD defines sensitive receptors as: facilities that house or attract children, the elderly, and people with illnesses, or others who are especially sensitive to the effects of air pollutants.

The sensitive receptors located adjacent to or within 1,000 feet to the proposed project are residences within the Riverside Mobile Home Park. According to the FRAQMD’s Indirect Source Review Guidelines, “Construction activity can result in emissions of particulate matter from the diesel exhaust (diesel PM) of construction equipment.” Best Management Practices (BMPs) will be addressed as a project condition of approval, and used to reduce the potential impactsto sensitive receptors from off-road diesel equipment, and can include:
 Install diesel particulate filters or implement other ARB-verifies diesel emission control strategies on all construction equipment to further reduce diesel PM emissions beyond the 45% reduction required by the Districts Best Available Mitigation Measure for Construction Phase;  Use equipment during times when receptors are not present (e.g., when school is not in session or during non-school hours; or when office building are unoccupied);  Establish staging areas for the construction equipment that are as distant as possible from off-site receptors
 Establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible;  Use haul trucks with on-road engines instead of off-road engines even for on-site hauling;  Equip nearby buildings with High Efficiency Particle Arresting (HEPA) filter systems at all mechanical air intake points to the building to reduce the levels of diesel PM that enter the buildings; and/or,
 Temporarily relocate receptors during construction.

35 The FRAQMD has not established a threshold of significance to evaluate the health risk resulting from projects that would locate sensitive receptors near existing non-permitted sources of TACs. In this case, the proposed project will not result in the generation of criteria pollutants during construction and maintenance because this project proposes only to remove the X8 District Overlay from the existing C-O Zoning. This application will not result in the exposure of sensitive receptors to any pollutant concentrations and a less than significant impact is anticipated. d) Create objectionable odors affecting a substantial number of people? The proposed project will allow for future development and other related, compatible uses as defined by the permitted uses of the C-O zone. It is not anticipated that any of these uses will create any objectionable odors for surrounding residents. No physical development of the site is proposed as part of this project, the removal of the X8 Overlay District from the affected parcels would eliminate the requirement to construct a roundabout at the intersection of Market Street and Del Norte Avenue. Future proposed development will be reviewed and analyzed for potential odor emissions that would be subject to additional review and mitigation if necessary.

Biological Resources
Table 3-4: Biological Resources
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
X
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
X
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community X

36 Conservation Plan, or other approved local,
regional, or state habitat conservation plan?

4.4.1. Environmental Setting/Affected Environment
The project site is located within an urbanized area, surrounded by residential, industrial, and commercial land uses. The site is composed of six APNs included in the X8 Overlay District. The site contains a Medical Office Park. The proposed project will remove the X8 District Overlay from the parcels.

Biological resources were evaluated in the Yuba City General Plan EIR addressing plant communities, wildlife habitats, and special-status (i.e., rare, threatened, or endangered) species. Wildlife species associated land are, by and large, opportunistic species that have adapted to exploiting resources associated with anthropogenic (human-caused) activities within the local environment. The special-status plant species generated by the CNDDB, USFWS, and CNPS electronic inventories occur in habitats not present anywhere within the project boundaries as verified during site surveys.

No wetland features or “other waters” of the U.S. were identified within the projectsite boundaries during reconnaissance-level surveys. A review of aerial photographs also did not identify any wetland resources.

The entire plan area has historically been used for agricultural crop production, and it unlikely that seasonal wetlands would occur in these areas due to the intensive land use activities and more recent surrounding development.

Swainson's hawk (Buteo swainsoni) is a California Threatened species and federal species of concern found throughout the Central Valley where suitable nesting and foraging habitat is available. Swainson's hawks often nest within, or on the edge of riparian areas adjacent to suitable foraging habitat, as well as in single or stands of trees in agricultural fields. They are open-country birds that forage in large, open grasslands and agricultural fields, especially after the fields have been disked or harvested. Swainson’s hawks can forage as much as 10 miles from the nest.

4.4.2. Federal & State Regulatory Setting
Threatened and Endangered Species: State and federal “endangered species” legislation has provided California Department of Fish & Wildlife (CDFW) and United States Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Species listed as threatened or endangered under provisions of the state and federal endangered species acts, candidate species for such listing, state species of special concern, and some plants listed as endangered by the California Native Plant Society are collectively referred to as “species of special status.” Permits may be required from both the CDFW and USFWS if activities associated with a proposed project will result in the “take” of a listed species. “Take” is defined by the state of California as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill” (California Fish and Game Code, Section 86). “Take” is more broadly defined by the federal Endangered Species Act to include “harm” (16 USC, Section 1532(19), 50 CFR, Section 17.3). Furthermore, the CDFW and the USFWS are responding agencies under CEQA. Both agencies review CEQA documents in order to determine the adequacy of their treatment of endangered species issues and to make projectspecific recommendations for their conservation.

Migratory Birds: State and federal laws also protect most birds. The Federal Migratory Bird Treaty Act (16U.S.C., scc. 703, Supp. I, 1989) prohibits killing, possessing, or trading in migratory birds, except in

37 accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs.

Birds of Prey: Birds of prey are also protected in California under provisions of the California Fish and Game Code, Section 3503.5, which states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered “taking” by the CDFW.

Wetlands and Other Jurisdictional Waters: Natural drainage channels and adjacent wetlands may be considered “Waters of the United States” subject to the jurisdiction of the USACE. The extent of jurisdiction has been defined in the Code of Federal Regulations but has also been subject to interpretation of the federal courts.

Waters of the U.S. generally include:
 All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters, which are subject to the ebb and flow of the tide.
 All interstate waters including interstate wetlands.
 All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce.  All impoundments of waters otherwise defined as waters of the United States under the definition.
 Tributaries of waters identified in the bulleted items above.

As determined by the United States Supreme Court in its 2001 Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) decision, channels and wetlands isolated from other jurisdictional waters cannot be considered jurisdictional on the basis of their use, hypothetical or observed, by migratory birds. Similarly, in its 2006 consolidated Carabell/Rapanos decision, the U.S.

Supreme Court ruled that a significant nexus between a wetland and other navigable waters must exist for the wetland itself to be considered a navigable, and therefore, jurisdictional water.

The USACE regulates the filling or grading of Waters of the U.S. under the authority of Section 404 of the Clean Water Act. The extent of jurisdiction within drainage channels is defined by “ordinary high-water marks” on opposing channel banks. All activities that involve the discharge of dredge or fill material into Waters of the U.S. are subject to the permit requirements of the USACE. Such permits are typically issued on the condition that the applicant agrees to provide mitigation that result in no net loss of wetland functions or values. No permit can be issued until the Regional Water Quality Control Board (RWQCB) issues a Section 401 Water Quality Certification (or waiver of such certification) verifying that the proposed activity will meet state water quality standards.

CEQA Guidelines Section 15380: Although threatened and endangered species are protected by specific federal and state statutes, CEQA Guidelines section 15380(d) provides that a species not listed on the federal or state list of protected species may be considered rare or endangered if the species can be shown to meet certain specific criteria that define “endangered” and “rare” as specified in CEQA Guidelines section 15380(b).

38 4.4.3. Local Regulatory Setting
The General Plan provides the following policies for the protection of biological resources within the project area that could be relevant to this project:

8.4-G-1 Protect special status species, in accordance with State regulatory requirements.

8.4-G-2 Protect and enhance the natural habitat features of the Feather River and new open space corridors within and around the urban growth area.

8.4-G-3 Preserve and enhance heritage oaks in the Planning Area.

8.4-G-4 Where appropriate, incorporate natural wildlife habitat features into public landscapes, parks, and other public facilities

8.4-I-1 Require protection of sensitive habitat area and special status species in new development site designs in the following order: 1) avoidance; 2) onsite mitigation; 3) offsite mitigation. Require assessments of biological resources prior to approval of any development within 300 feet of any creeks, sensitive habitat areas, or areas of potential sensitive status species.

8.4-I-2 Require preservation of oak trees and other native trees that are of a significant size, by requiring site designs to incorporate these trees to the maximum extent feasible.

8.4-I-3 Require to the extent feasible, use of drought tolerant plants in landscaping for new development, including private and public projects.

4.4.4. Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? There is no known candidate, sensitive, or special status species or nearby the project site. According to the Yuba City General Plan EIR, the only designated special status vegetation species within Yuba City and its Sphere of Influence is the Golden Sunburst, a flowering plant that occurs primarily in non-native grasslands and is threatened mostly by the conversion of habitat to urban uses. The habitat area for this particular species occurs at the extreme eastern boundary of the Planning Area at the confluence of the Feather and Yuba Rivers. The project site does not fall within this area, therefore there would a less than significant impact to special status species as a result of this project. The site is surrounded by urban development, and the site has had prior site disturbance. There are no sensitive habitat or riparian areas located on the site and this proposed project will not result in any additional land disturbance. A less than significant impact is anticipated.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
A field inspection determined that riparian habitat is absent from the subject site. The site is located within an existing urbanized area that is partially developed with a medical Office Park. Surrounding land

39 uses include residential, and manufacturing/processing uses. A field inspection did not identify the presence of any sensitive natural communities or other special status species onsite. As a result, no impacts on riparian areas or other sensitive natural communities in the area are anticipated. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
The project will not impact wetlands or federal jurisdictional waters of the U.S. because there are no wetlands or federal jurisdictional waters of the U.S. present within the proposed project site or general vicinity and the proposed Project will not disturb any waterways. As a result, no impacts are anticipated. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurseries?
There are no known wildlife movement corridors associated with the project site nor resident wildlife populations. The project site is currently developed, and is located within an urban area and surrounded by existing residential, commercial/office and manufacturing development on all sides. As a result, the project will not impact known wildlife movement corridors. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Section 8.4 (Biological Resources) of the Yuba City General Plan contains guiding measures and implementing policies with regard to biological resources. This project site is not located within an area identified in the General Plan as being habitat for special-status species for Hartweg’s Golden Sunburst.

Other relevant General Plan implementing policies include the requirement for biological assessment for any proposed development within 300 feet of any creeks, sensitive habitat areas, or areas of potential sensitive status species and the preservation of oak trees and other native trees that are of a significant size by requiring development to minimize impact to these resources. The project site is not adjacent to any creeks or other sensitive habitat area and no oak trees are present onsite. Additionally, the project site is more than 300-feet from the Feather River. The project will not conflict with local policies or ordinances protecting biological resources.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? There are no adopted Habitat Conservation Plans, Natural Community Conservation Plans, or any other approved local, regional, or state habitat conservation plans affecting the project site or in the vicinity.

The project will not conflict with any habitat conservation plans.

40 Cultural Resources
Table 3-5: Cultural Resources
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5.

X
b) Cause a substantial adverse change in the
significance of an archeological resource pursuant
to § 15064.5.

X
c) Directly or indirectly destroy unique
paleontological resources or site or unique
geologic features?
X
d) Disturb any human remains, including those
interred outside of formal cemeteries? X

4.5.1. Federal Regulatory Setting
National Historic Preservation Act of 1966 (as amended), Section 106: The significance of cultural resources is evaluated under the criteria for inclusion in the National Register of Historic Places (NRHP), authorized under the National Historic Preservation Act of 1966, as amended. The criteria defined in 36 CFR 60.4 are as follows:

The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects of state and local importance that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
 That are associated with events that have made a significant contribution to the broad patterns of our history; or
 That are associated with the lives of persons significant in our past; or  That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or  That have yielded, or may be likely to yield, information important to prehistory or history.

Sites listed or eligible for listing on the NRHP are considered to be historic properties. Sites younger than 50 years, unless of exceptional importance, are not eligible for listing in the NRHP.

4.5.2. State Regulatory Setting
CEQA requires consideration of project impacts on archaeological or historical sites deemed to be "historical resources." Under CEQA, a substantial adverse change in the significant qualities of a historical

41 resource is considered a significant effect on the environment. For the purposes of CEQA, a "historical resource" is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources (Title 14 CCR §15064.5[a][1]-[3]). Historical resources may include, but are not limited to, "any object, building, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California" (PRC §5020.1[j]).

The eligibility criteria for the California Register are the definitive criteria for assessing the significance of historical resources for the purposes of CEQA (Office of Historic Preservation). Generally, a resource is considered "historically significant" if it meets one or more of the following criteria for listing on the California Register:
 Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.
 Is associated with the lives of persons important in our past.  Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.  Has yielded, or may be likely to yield, information important in prehistory or history. (PRC §5024.1[c])
California Health and Safety Code Section 7050.5: Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains are discovered has determined whether or not the remains are subject to the coroner’s authority. If the human remains are of Native American origin, the coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods.

Paleontological Resources: Paleontological resources are the fossilized remains of plants and animals and associated deposits. The Society of Vertebrate Paleontology has identified vertebrate fossils, their taphonomic and associated environmental indicators, and fossiliferous deposits as significant nonrenewable paleontological resources. Botanical and invertebrate fossils and assemblages may also be considered significant resources. CEQA requires that a determination be made as to whether a project would directly or indirectly destroy a unique paleontological resource or site or unique geological feature (CEQA Appendix G(v)(c)). If an impact is significant, CEQA requires feasible measures to minimize the impact (CCR Title 14(3) Section 15126.4 (a)(1)). California Public Resources Code Section 5097.5 (see above) also applies to paleontological resources.

4.5.3 Native American Consultation
In September of 2014, the California Legislature passed Assembly Bill (AB) 52, which added provisions to the PRC regarding the evaluation of impacts on tribal cultural resources under CEQA, and consultation requirements with California Native American tribes. In particular, AB 52 now requires lead agencies to analyze project impacts on “tribal cultural resources” separately from archaeological resources (PRC § 21074; 21083.09). AB 52 also requires lead agencies to engage in additional consultation procedures with respect to California Native American tribes (PRC § 21080.3.1, 21080.3.2, 21082.3).